Cornelius City Zoning Code
Division II
LAND USE AND ZONING DISTRICTS
§ 18.20.010 Purpose.
The purpose of the low-density residential (R-7) zone is to implement the low-density residential land use designation and policies of the comprehensive plan. The R-7 is intended to establish low-density residential home sites with a minimum gross acreage of 7,000 square feet. To do this, the R-7 low-density residential zone regulates the construction of detached single-unit dwellings and middle housing on existing lots, and provides design guidance for low-density residential subdivisions.
(Ord. 810, 2000; Code 2000 § 11.20.01; Ord. 2022-03 § 1 (Exh. A), 2022)
§ 18.20.020 Permitted uses.
The following uses and their accessory uses are permitted outright in an R-7 zone:
(A)
Detached single-unit dwellings – site built, manufactured off site, or prefabricated.
(B)
Middle housing.
(C)
Underground public utilities.
(D)
Accessory uses and/or accessory structures or both which are customarily and clearly incidental and subordinate to the above uses, including approved carports, garages, or storage facilities. See CMC § 18.150.010.
(G)
Residential home consistent with state law.
(Ord. 810, 2000; Code 2000 § 11.20.02; Ord. 841 Exh. 2, 2003; Ord. 916 § 1 (Exh. A), 2010; Ord. 2016-015 § 1 (Exh. A), 2016; Ord. 2022-03 § 1 (Exh. A), 2022)
§ 18.20.030 Conditional uses.
The following uses may be permitted when in accordance with Chapter 18.105 CMC:
(A)
Governmental structure or use including public and private park, playground, community center and noncommercial recreational facilities, golf course, swimming pool, tennis courts, fire station, library or museum.
(B)
School – Nursery, primary, elementary, junior or senior high, college or university.
(C)
Utility substation or above ground pumping station with no equipment storage.
(D)
Repealed by Ord. 2022-03.
(E)
Repealed by Ord. 2022-03.
(G)
A planned unit development, including mixed uses approved by the planning commission and as provided for under Chapter 18.110 CMC.
(H)
Church, and associated church activities, except commercial day care.
(I)
A manufactured structure for temporary educational purposes subject to the following required conditions in addition to other conditions which may be imposed under Chapter 18.105 CMC:
(1)
Placed upon a permanent concrete or concrete block foundation and supplied with a continuous perimeter skirting that extends at least six inches below the surface of the ground or to an impervious surface. The skirting shall be composed of the same material and finish as the exterior of the unit or of brick or concrete block, or as may be approved by the planning commission.
(2)
Placed a maximum of 18 inches above ground level at any point, unless the unit is placed upon a basement foundation, or unless approved by the planning commission.
(3)
Manufactured after June 15, 1976, and bear the Oregon Department of Commerce "Insignia of Compliance" indicating conformance with HUD standards.
(Ord. 810, 2000; Code 2000 § 11.20.03; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2022-03 § 1 (Exh. A), 2022)
§ 18.20.040 Prohibited uses.
The following uses shall be prohibited within the R-7 zone:
(A)
Recreational vehicles or other movable temporary dwellings used as a residence or accessory sleeping units, except as lodging for guests not to exceed two weeks.
(B)
More than one dwelling unit on a single lot, except for an accessory dwelling unit or a duplex as approved through CMC § 18.20.030.
(C)
Retail sales, except for when over the Internet and where applicable in compliance with the home occupation permit requirements.
(D)
Heavy manufacturing and processing.
(E)
Parking and storage of construction equipment, semi-tractors and trailers.
(F)
The raising of animals other than normal household pets unless permitted through a livestock permit.
(G)
Freestanding wind turbines.
(Ord. 810, 2000; Code 2000 § 11.20.04; Ord. 841 Exh. 2, 2003; Ord. 916 § 1 (Exh. A), 2010; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.20.050 Area, density and lot requirements.
(A)
Maximum Density. The average density over the entire development shall not exceed five dwellings per net acre for detached single-unit dwellings and 20 dwellings per net acre for townhouses. Maximum density does not apply to duplexes, triplexes, quadplexes, or cottage clusters. A net acre is equal to 32,670 square feet, and excludes roads, common open space, floodplains, riparian setbacks, and slopes over 25 percent.
(B)
Minimum Density. The minimum density allowed is four dwellings per net acre. Any land partition or subdivision shall make provisions to ensure that the minimum density is protected when further partitioning is possible.
(C)
Maximum Height. Building height, as defined in CMC § 18.195.080, shall not exceed 35 feet, except for:
(1)
A chimney, radio, television antenna, or solar feature.
(2)
Affordable housing with a 30-year affordability covenant compliant with ORS 456.270 through 456.295 as affordable to 80 percent area median income or less for each unit, or the average of the units is affordable at 60 percent area median income or less, is entitled to 150 percent of the existing density and 24 additional feet.
(D)
Minimum Yard Area Setbacks.
(1)
Front Yard. The front, as measured from the furthest extension of the home, including porch or decks, shall not be less than 10 feet. Accessory structures, garages or carports shall not be less than 20 feet.
(2)
Rear Yard. No rear yard shall be less than 10 feet in depth.
(3)
Side Yard. The minimum width of side yards shall be not less than five feet, as measured from the foundation of the home. On corner lots the side yard facing the street shall not be less than 10 feet. Townhouses shall have a zero-foot side yard setback on the side where the common wall is located.
(4)
No accessory building or other structure or building shall be closer than three feet from a side or rear property line; see CMC § 18.150.010.
(5)
Repealed by Ord. 2022-03.
(6)
All setbacks shall be measured from Clean Water Services (CWS) required buffer areas, where applicable.
(E)
Minimum Lot Shape.
(1)
No lot shall be less than 60 feet in width or less than 60 feet in depth, except as may be approved as part of a planned unit development. No townhouse lot shall be less than 20 feet in width.
(2)
In the case of in-fill development on parcels, as defined by the city's current vacant land inventory, the commission may allow the lot width to be reduced to 50 feet.
(3)
In the case of in-fill development on parcels, as defined by the current city vacant land inventory, the lot width at the street may be reduced to not less than 20 feet for a single lot and not less than 30 feet for two dwelling units. A flag design shall serve no more than two lots.
(F)
Middle Housing Land Division. If a duplex, triplex, quadplex, or cottage cluster has been divided by a middle housing land division, the area, density, and lot requirements that are applicable to the lot shall apply to the middle housing primary lot, not to the middle housing secondary lot.
(Ord. 810, 2000; Code 2000 § 11.20.05; Ord. 841 Exhs; 1, 2, 2003; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2022-03 § 1 (Exh. A), 2022; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.20.060 Site development standards.
(A)
Perimeter Requirements. If topographical or other barriers within the development do not provide adequate buffering between a subdivision and adjacent nonresidential development, the reviewing body may impose one or more of the following requirements.
(1)
Where the subdivision abuts an arterial or collector street or an existing planned unit development, the reviewing body may require that a perimeter landscaped strip, no more than 25 feet wide, and/or sound mitigation structures be established along the abutting property line. All required building setbacks shall be measured from the inner edge of the perimeter strip, which shall be set aside as a separate tract, and provisions for pedestrian connections through the landscape strip may also be required.
(2)
Where the subdivision abuts an existing or planned nonresidential area, the reviewing body may require that a perimeter landscaped strip, no more than 50 feet wide, be established along the abutting property line. All required building setbacks shall be measured from the inner edge of the perimeter strip, which shall be set aside as a separate tract, and provisions for pedestrian connections through the landscape strip may also be required.
(B)
Vehicular Access, Internal Circulation and Clear Vision Areas.
(1)
Where possible, vehicular access to residential subdivisions shall be from abutting arterial or collector streets. Access to individual lots shall be primarily from local streets or alleyways when the alleyway is developed to current public works standards. Direct lot access to arterials or collector streets shall not be permitted, unless there is no alternative as determined by the city engineer.
(2)
The minimum street width shall comply with the adopted public works standards.
(3)
Public and/or private alleys or both shall be constructed to city standards as approved by the city engineer.
(4)
Clear vision areas shall be provided at all roadway and driveway intersections in accordance with the vision clearance standards set forth in CMC § 18.150.070.
(C)
Access Streets – Sidewalks – Drainage.
(1)
All streets shall be designed in accordance with Chapter 5 of the adopted public works standards.
(2)
All driveways for new construction shall have minimum pavement width of 12 feet and shall not be more than 25 feet in width at the curb. Each driveway shall have a concrete curb apron designed to comply with public works standards, and not more than two lots may be served by one shared driveway,
(3)
Cul-de-sacs shall serve no more than 12 residential lots and meet current public works design standards.
(4)
For all new construction, curbs, gutters, sidewalks and street trees shall be provided along the entire lot frontage, per Chapter 5 of the adopted public works standards, and shall meet ADA accessibility standards. In the case of remodels or garage additions to an existing house, no sidewalk shall be required if one does not exist, but the driveway apron and paved driveway shall be required.
(5)
Storm drainage shall meet current public works design standards and shall comply with Clean Water Service (CWS) standards for water quality and quantity.
(D)
Lighting Streets. Streets and walkways shall be lighted during the hours of darkness in accordance with public works standards.
(E)
Mailboxes. Except for in-fill partitioning, clustered mailboxes shall be provided, consistent with the locational criteria set by the post master. They shall be of uniform style.
(F)
Parking and Loading Space.
(1)
Off-Street Parking.
(a)
Resident. One covered parking space shall be provided for each home either on an individual lot or in an off-street parking bay within 100 feet from the dwelling being served.
(b)
Guest. Where on-street parking is prohibited on both sides of a street, guest parking shall be provided in off-street parking bays at the rate of one parking space for every three detached single-unit dwelling sites along the street section. Guest parking should be within 100 feet of the homes being served.
(c)
Parking and Storage of Recreational Vehicles and Vehicles of Similar Size. Recreational vehicles such as camping trailers, boats, campers, motor homes, and other such vehicles and vehicles of similar size shall only be parked or stored within an area specifically designated and designed for such use, and shall not be located in the public right-of-way.
(2)
Paving and Design. Off-street parking areas shall be paved and designed in accordance with the standards of the off-street parking regulations of the zoning ordinance.
(G)
Open Space. Within residential developments containing 20 or more lots or units there shall be, at least, 300 square feet of recreational space per unit provided in public open space for single-family development. Such space may be considered as part of any required landscaping, but must be designed in a manner that affords residents usable open area, such as lawns, patios, etc. Delineated wetlands recognized by the Division of State Lands may apply 20 percent of their area located on the subject parcel(s) to the open space requirement. Calculate the total square footage of delineated wetland area on the subject parcel(s) and multiply it by 20 percent. Streets, access drives and parking lots shall not be considered open space. Open space must be a usable open recreational area, and may include a club house or indoor recreation facility. All outdoor area shall be landscaped and maintained by the owner, or a homeowners' association, according to the approved development plans, unless the open space is dedicated to and accepted by the city as a public park.
(H)
Middle Housing Land Division. If a duplex, triplex, quadplex, or cottage cluster has been divided by a middle housing land division, the site development standards that are applicable to the lot shall apply to the middle housing primary lot, not to the middle housing secondary lot.
(Ord. 810, 2000; Code 2000 § 11.20.06; Ord. 841 Exhs; 1, 2, 2003; Ord. 874 Exh. (1)(B), 2006; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2022-03 § 1 (Exh. A), 2022)
§ 18.20.070 Manufactured housing on individual lots.
All manufactured homes on individual lots within the R-7 zone shall:
(A)
Repealed by Ord. 2022-03.
(B)
Repealed by Ord. 2022-03.
(C)
Repealed by Ord. 2022-03.
(D)
Repealed by Ord. 2022-03.
(E)
Be certified by the manufacturer to have an exterior thermal envelope meeting performance standards required of site-built single-family construction under the State Building Code (1981) as defined by ORS 455.010.
(F)
Have at least one off-street parking space.
(G)
Comply with all federal, state and local building codes for placement, occupation and storage.
(Ord. 810, 2000; Code 2000 § 11.20.07; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2022-03 § 1 (Exh. A), 2022)
§ 18.20.080 Home occupation.
Home occupations may be allowed as follows:
(A)
Type A. Allowed through a Type I administrative review consistent with the following:
(1)
There are no structural alterations or changes necessary to the dwelling or accessory building, or to the premises in order to conduct the business operations; and
(2)
There is no outdoor display or storage, nor indoor display or storage, of merchandise on the premises which can be seen from the street or sidewalk adjacent to the dwelling; and
(3)
The business is conducted by members of the immediate family, all of whom reside in the residence and there are no additional employees; and
(4)
Personal appearances by customers on the property are limited to one at a time, and not more than eight customers per day; and
(5)
There is no external signage which informs potential customers of the location of the residential dwelling for the purpose of attracting customers to the dwelling; and
(6)
The business activity does not create noise levels audible above normal ambient residential levels beyond the property line of the property upon which the residential dwelling is located; and
(7)
The activities do not attract more than three commercial deliveries of goods and services daily; and
(8)
The home occupation may not serve as a headquarters or dispatch center where employees come to the site and are dispatched to other locations; and
(9)
In the case of home child care, there are not more than 16 children total and the operator is appropriately registered and/or certified by the state; and
(10)
The owner has and maintains a valid city business license.
(B)
Type B. Allowed by approval of the planning commission through a Type III application, and subject to the following:
(1)
There are structural alterations or changes necessary to the dwelling, accessory building, or to the premises in order to conduct the business operations, and/or a new accessory building is needed to conduct the normal operations of the business; and
(2)
There is no outdoor display or storage, nor indoor display or storage, of merchandise on the premises which can be seen from the street or sidewalk adjacent to the dwelling; and
(3)
The business is conducted by members of the immediate family living on the premises and/or not more than one employee who does not reside in the residence; and
(4)
Personal appearances by customers on the property are limited to three at a time, and not more than 10 customers per day; and
(5)
The business activity does not create noise levels audible above normal ambient residential levels beyond the property line of the property upon which the residential dwelling is located; and
(6)
The activities do not attract more than five commercial deliveries of goods and services daily; and
(7)
The home occupation may not serve as a headquarters or dispatch center where employees come to the site and are dispatched to other locations; and
(8)
The owner has and maintains a valid city business license; and
(9)
There is no accessory dwelling associated with the primary residence.
(Ord. 810, 2000; Code 2000 § 11.20.08; Ord. 916 § 1 (Exh. A), 2010)
§ 18.20.090 Accessory dwellings.
Accessory dwellings shall comply with the following:
(A)
The unit shall not exceed 800 square feet, or 60 percent of the total floor area of the primary dwelling, whichever is greater.
(B)
The unit shall comply with the standard setbacks and height limitation of the base zone.
(C)
All yard area requirements of the base zone shall be met, and the unit shall comply with the fire and life safety codes.
(Ord. 810, 2000; Code 2000 § 11.20.09; Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.25.010 Purpose.
The purpose of the very low-density residential (R-10) zone is to implement the low-density residential land use designation and policies of the comprehensive plan. To do this, the R-10 very low-density residential zone regulates the construction of detached single-unit dwellings and middle housing on existing lots, and provides design guidance for low-density residential subdivisions.
(Ord. 810, 2000; Code 2000 § 11.20.11; Ord. 2022-03 § 1 (Exh. A), 2022)
§ 18.25.020 Permitted uses.
The following uses and their accessory uses are permitted outright in an R-10 zone:
(A)
Site-built detached single-unit dwelling, detached single-unit manufactured housing, subject to CMC § 18.25.070, and detached single-unit prefabricated dwelling.
(B)
Middle housing.
(C)
Underground public utilities.
(D)
Accessory uses and structures which are customarily and clearly incidental and subordinate to the above uses, including approved carports, garages, or storage facilities. See CMC § 18.150.010.
(G)
Residential home consistent with state law.
(Ord. 810, 2000; Code 2000 § 11.20.12; Ord. 916 § 1 (Exh. A), 2010; Ord. 2016-015 § 1 (Exh. A), 2016; Ord. 2022-03 § 1 (Exh. A), 2022)
§ 18.25.030 Conditional uses.
The following uses may be permitted when in accordance with Chapter 18.105 CMC:
(A)
Governmental structure or use including public and private park, playground, community center and noncommercial recreational facilities, golf course, swimming pool, tennis courts, fire station, library or museum.
(B)
School – Nursery, primary, elementary, junior or senior high, college or university.
(C)
Utility substation or above ground pumping station with no equipment storage.
(D)
Repealed by Ord. 2022-03.
(F)
A planned unit development, including mixed uses approved by the planning commission and as provided for under Chapter 18.110 CMC.
(G)
Church, and associated church activities, except commercial day care.
(H)
A manufactured structure for temporary educational purposes subject to the following required conditions in addition to other conditions which may be imposed under Chapter 18.105 CMC, Conditional Uses. Placed upon a permanent concrete or concrete block foundation and supplied with a continuous perimeter skirting that extends at least six inches below the surface of the ground or to an impervious surface. The skirting shall be composed of the same material and finish as the exterior of the unit or of brick or concrete block, or as may be approved by the planning commission.
(1)
Placed a maximum of 18 inches above ground level at any point, unless the unit is placed upon a basement foundation, or unless approved by the planning commission.
(2)
Manufactured after June 15, 1976, and bear the Oregon Department of Commerce "Insignia of Compliance" indicating conformance with HUD standards.
(Ord. 810, 2000; Code 2000 § 11.20.13; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2022-03 § 1 (Exh. A), 2022)
§ 18.25.040 Prohibited uses.
The following uses shall be prohibited within the R-10 zone:
(A)
Recreational vehicles or other movable temporary dwellings used as a residence or accessory sleeping units, except as lodging for guests not to exceed two weeks.
(B)
Multi-unit dwellings on a single lot or parcel.
(C)
Retail sales, except for when over the Internet.
(D)
Heavy manufacturing and processing.
(E)
Parking and storage of construction equipment, semi-tractors and trailers.
(F)
The raising of animals other than normal household pets unless permitted through a livestock permit.
(G)
Freestanding wind turbines.
(Ord. 810, 2000; Code 2000 § 11.20.14; Ord. 916 § 1 (Exh. A), 2010; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2022-03 § 1 (Exh. A), 2022; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.25.050 Area, density and lot requirements.
(A)
Minimum Density. The minimum density allowed is three dwellings per net acre and four dwellings per net acre for cottage clusters. Any land partition or subdivision shall make provisions to ensure that the minimum density is protected when further partitioning is possible.
(B)
Maximum Height. Building height, as defined in CMC § 18.195.080, shall not exceed 35 feet, except for:
(1)
A chimney, radio, television antenna, or solar feature.
(2)
Affordable housing with a 30-year affordability covenant compliant with ORS 456.270 through 456.295 as affordable to 80 percent area median income or less for each unit, or the average of the units is affordable at 60 percent area median income or less, is entitled to 200 percent of the existing density and 12 additional feet.
(C)
Minimum Yard Area Setbacks.
(1)
Front Yard. The front, as measured from the furthest extension of the home including porch or deck, shall not be less than 25 feet. Accessory structures, garages or carports shall not be less than 25 feet.
(2)
Rear Yard. No rear yard shall be less than 25 feet in depth.
(3)
Side Yard. The minimum width of side yards shall be not less than 10 feet, as measured from the foundation of the home. On corner lots the side yard facing the street shall not be less than 20 feet. Townhouses shall have a zero-foot side yard setback on the side where the common wall is located.
(4)
No accessory building or other structure or building shall be closer than three feet from a side or rear property line.
(5)
Repealed by Ord. 2022-03.
(6)
Cottage Cluster Perimeter Setback. The perimeter setback (all sides except for the front) of a cottage cluster shall not be less than 10 feet.
(D)
Minimum Lot Shape. No lot shall be less than 80 feet in width or less than 80 feet in depth, except as may be approved as part of a planned unit development or if the lot has a townhouse. No townhouse lot shall be less than 20 feet in width.
(E)
Middle Housing Land Division. If a duplex, triplex, quadplex, or cottage cluster has been divided by a middle housing land division, the area, density, and lot requirements that are applicable to the lot shall apply to the middle housing primary lot, not to the middle housing secondary lot.
(Ord. 810, 2000; Code 2000 § 11.20.15; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2022-03 § 1 (Exh. A), 2022; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.25.060 Site development standards.
(A)
Perimeter Requirements. If topographical or other barriers within the development do not provide adequate buffering between a subdivision and adjacent nonresidential development, the reviewing body may impose one or more of the following requirements.
(1)
Where the subdivision abuts an arterial or collector street or an existing planned unit development, the reviewing body may require that a perimeter landscaped strip, no more than 25 feet wide, and/or sound mitigation structures be established along the abutting property line. All required building setbacks shall be measured from the inner edge of the perimeter strip, which shall be set aside as a separate tract, and provisions for pedestrian connections through the landscape strip may also be required.
(2)
Where the subdivision abuts an existing or planned nonresidential area, the reviewing body may require that a perimeter landscaped strip, no more than 50 feet wide, be established along the abutting property line. All required building setbacks shall be measured from the inner edge of the perimeter strip, which shall be set aside as a separate tract, and provisions for pedestrian connections through the landscape strip may also be required.
(B)
Vehicular Access, Internal Circulation and Clear Vision Areas.
(1)
Where possible, vehicular access to residential subdivisions shall be from abutting arterial or collector streets. Access to individual lots shall be primarily from local streets or alleyways when the alleyway is developed to current public works standards. Direct lot access to arterials or collector streets shall not be permitted, unless there is no alternative as determined by the city engineer.
(2)
The minimum street width shall comply with the standards and design identified in CMC § 18.143.040, Street design cross-sections per transportation system plan.
(3)
Clear vision areas shall be provided at all roadway and driveway intersections in accordance with the vision clearance standards set forth in CMC § 18.150.070.
(C)
Access Streets – Sidewalks – Drainage.
(1)
All streets shall be designed in accordance with standards set forth in Chapter 18.143 CMC, Transportation Facilities, and the subdivision code.
(2)
All driveways for new construction shall have minimum pavement width of 12 feet and shall not be more than 25 feet in width at the curb. Each driveway shall have a concrete curb apron designed to comply with public works standards, and not more than two lots may be served by one shared driveway.
(3)
Cul-de-sacs shall serve no more than 12 residential units and meet current public works design standards.
(4)
For all new construction, curbs, gutters, and a minimum five-foot-wide sidewalk shall be provided along the entire lot frontage and shall meet ADA accessibility standards. In the case of remodels or garage additions to an existing house, no sidewalk shall be required if one does not exist, but the driveway apron and paved driveway shall be required.
(5)
Storm drainage shall meet current public works design standards and shall comply with Clean Water Service (CWS) standards for water quality and quantity.
(D)
Lighting Streets. Streets and walkways shall be lighted during the hours of darkness in accordance with public works standards.
(E)
Mailboxes. Except for in-fill partitioning, clustered mailboxes shall be provided, consistent with the locational criteria set by the post master. They shall be of uniform style.
(F)
Parking and Loading Space.
(1)
Off-Street Parking.
(a)
Resident. One covered parking space shall be provided for each home either on an individual lot or in an off-street parking bay within 100 feet from the dwelling being served.
(b)
Guest. Where on-street parking is prohibited on both sides of a street, guest parking shall be provided in off-street parking bays at the rate of one parking space for every three detached single-unit dwelling sites along the street section. Guest parking should be within 100 feet of the homes being served.
(c)
Parking and Storage of Recreational Vehicles and Vehicles of Similar Size. Recreational vehicles such as camping trailers, boats, campers, motor homes, and other such vehicles and vehicles of similar size shall only be parked or stored within an area specifically designated and designed for such use, and shall not be located in the public right-of-way.
(2)
Paving and Design. Off-street parking areas shall be paved and designed in accordance with the standards of the off-street parking regulations of the zoning ordinance.
(Ord. 810, 2000; Code 2000 § 11.20.16; Ord. 874 Exh. (1)(B), 2006; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2022-03 § 1 (Exh. A), 2022)
§ 18.25.070 Manufactured housing on individual lots.
All manufactured homes on individual lots within the R-10 zone shall:
(A)
Repealed by Ord. 2022-03.
(B)
Repealed by Ord. 2022-03.
(C)
Repealed by Ord. 2022-03.
(D)
Be certified by the manufacturer to have an exterior thermal envelope meeting performance standards required of site-built single-family construction under the State Building Code (1981) as defined by ORS 455.010.
(E)
Have at least one off-street parking space.
(F)
Repealed by Ord. 2022-03.
(G)
Comply with all federal, state, and local building codes for placement, occupation and storage.
(Ord. 810, 2000; Code 2000 § 11.20.17; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2022-03 § 1 (Exh. A), 2022)
§ 18.25.080 Home occupation.
Home occupations may be allowed as follows:
(A)
Type A. Allowed through a Type I administrative review consistent with the following:
(1)
There are no structural alterations or changes necessary to the dwelling or accessory building, or to the premises in order to conduct the business operations; and
(2)
There is no outdoor display or storage, nor indoor display or storage, of merchandise on the premises which can be seen from the street or sidewalk adjacent to the dwelling; and
(3)
The business is conducted by members of the immediate family, all of whom reside in the residence and there are no additional employees; and
(4)
Personal appearances by customers on the property are limited to one at a time, and not more than eight customers per day; and
(5)
There is no external signage which informs potential customers of the location of the residential dwelling for the purpose of attracting customers to the dwelling; and
(6)
The business activity does not create noise levels audible above normal ambient residential levels beyond the property line of the property upon which the residential dwelling is located; and
(7)
The activities do not attract more than three commercial deliveries of goods and services daily; and
(8)
The home occupation may not serve as a headquarters or dispatch center where employees come to the site and are dispatched to other locations; and
(9)
The owner has and maintains a valid city business license; and
(10)
In the case of home child care, there are not more than 16 children total and the operator is appropriately registered and/or certified by the state.
(B)
Type B. Allowed by approval of the planning commission through a Type III application, and subject to the following:
(1)
There are structural alterations or changes necessary to the dwelling, accessory building, or to the premises in order to conduct the business operations, and/or a new accessory building is needed to conduct the normal operations of the business; and
(2)
There is no outdoor display or storage, nor indoor display or storage, of merchandise on the premises which can be seen from the street or sidewalk adjacent to the dwelling; and
(3)
The business is conducted by members of the immediate family living on the premises and/or not more than one employee who does not reside in the residence; and
(4)
Personal appearances by customers on the property are limited to three at a time, and not more than 10 customers per day; and
(5)
The business activity does not create noise levels audible above normal ambient residential levels beyond the property line of the property upon which the residential dwelling is located; and
(6)
The activities do not attract more than five commercial deliveries of goods and services daily; and
(7)
The home occupation may not serve as a headquarters or dispatch center where employees come to the site and are dispatched to other locations; and
(8)
The owner has and maintains a valid city business license; and
(9)
There is no accessory dwelling associated with the primary residence.
(Ord. 810, 2000; Code 2000 § 11.20.18; Ord. 916 § 1 (Exh. A), 2010)
§ 18.25.090 Accessory dwellings.
Accessory dwellings shall comply with the following:
(A)
The unit shall not exceed 800 square feet, or 30 percent of the total floor area of the primary dwelling.
(B)
The exterior architectural design and building materials are consistent with those of the primary dwelling, and there shall be only one front door facing the street.
(C)
All yard area requirements of the base zone shall be met, and the unit shall comply with the fire and life safety codes.
(Ord. 810, 2000; Code 2000 § 11.20.19; Ord. 2022-03 § 1 (Exh. A), 2022; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.30.010 Purpose.
These provisions are intended to regulate the establishment of manufactured home parks and shall also apply to modifications, enlargements, or amendments to existing manufactured home parks, including removal and replacement of homes. The purpose of these regulations is:
(A)
To provide for mobile home parks as a use permitted outright in the manufactured home park zone.
(B)
To assist in providing opportunities for low and moderately priced single-family housing.
(C)
To provide opportunities for upgrading and updating of dwelling units within existing mobile home parks, thereby improving living conditions for mobile home owners.
(D)
To provide standards to ensure a high-quality living environment within mobile home parks.
(E)
To recognize and support the basic design concept that manufactured home parks tend to be closed, safe environments isolated from major traffic flows, while at the same time providing for appropriate collector street connectivity.
(F)
To provide standards to ensure compatibility with residential, commercial, and/or industrial development adjacent to mobile home parks.
(G)
These provisions are intended to conform to state definitions as set forth in ORS 446.003 established by the Department of Commerce, Building Codes Agency, OAR Chapter 918, Division 600, General Rules. However, the standards set forth herein supersede those set in the state code, and any discrepancy with the state code shall be governed by the city standard.
(Ord. 810, 2000; Code 2000 § 11.20.21)
§ 18.30.020 Permitted uses.
The following uses may be permitted within manufactured home parks, provided they are designated on the approved development plan:
(A)
Manufactured home dwellings with a minimum width of 12 feet and a minimum floor area of 672 square feet.
(B)
Parks, playgrounds, community centers and noncommercial recreational facilities such as golf courses, shuffleboard courts, swimming pools, tennis courts, game rooms, libraries and similar uses.
(C)
Public utilities.
(D)
Accessory uses and structures which are customarily and clearly incidental and subordinate to the above uses, including approved carports, garages, or storage facilities.
(E)
Use of a manufactured home as a park manager's office, or as a temporary sales office for the park during and immediately following construction.
(F)
Other conditional uses, including neighborhood commercial, considered compatible and complementary to the park and neighborhood, as may be approved by the planning commission in a public hearing.
(G)
Type "A" mobile vendor, as described in Chapter 5.35 CMC, subject to approval by the community development director.
(I)
A recreational vehicle that is occupied as a residential dwelling and is lawfully connected to water and electrical supply systems and a sewage disposal system through a building permit.
(Ord. 810, 2000; Code 2000 § 11.20.22; Ord. 2016-015 § 1 (Exh. A), 2016; Ord. 2022-03 § 1 (Exh. A), 2022; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.30.030 Prohibited uses.
The following uses shall be prohibited within mobile home parks:
(A)
Sales lot for manufactured homes or other movable dwellings, including recreational vehicles. This provision shall not prohibit the sale of a manufactured home on the space it is intended to occupy.
(B)
Nonmanufactured or prefabricated dwellings.
(C)
The raising of animals other than normal household pets unless permitted through a livestock permit.
(Ord. 810, 2000; Code 2000 § 11.20.23; Ord. 2022-03 § 1 (Exh. A), 2022; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.30.040 Approval process.
(A)
These provisions address three types of actions:
(1)
The replacement of a manufactured home or prefabricated dwelling in an existing manufactured home park, as a Type I process.
(2)
A modification, enlargement or change to an existing manufactured home park, as a Type II process.
(3)
The establishment of a manufactured home park, as a Type III process.
(B)
Replacement of a Manufactured Home or Prefabricated Dwelling. Consistent with Type I procedures, a manufactured home or prefabricated dwelling in an existing manufactured home park may be removed and replaced by another manufactured home upon issuance of a manufactured home placement permit, issued by the community development director, subject to the following standards:
(1)
The front and rear setbacks shall be as set forth in CMC § 18.30.060(D)(1) or equal to the setback of the replaced unit, whichever is less.
(2)
The side yard setback shall be as set forth in CMC § 18.30.060(D)(3) or equal to the setback of the replaced unit, whichever is less.
(3)
Within existing parks, where specific lot lines were not previously shown on a master plan, yards and lot lines shall be defined by an assumed line half the distance of the established building separation, or the actual distance from the foundation line of a manufactured home to the perimeter lot line of the park or to the edge of the street or interior roadway.
(4)
An existing manufactured home that does not meet the minimum safety standards established by HUD may be replaced by a manufactured dwelling unit that meets HUD safety standards as long as the replacement unit maintains the minimum separation requirements as defined by the Oregon Structural Specialty Code.
(C)
Establishment of a Manufactured Home Park.
(1)
(2)
No construction approval permit shall be given by the city until the applicant has received approval from the planning commission and facilities and design review committee.
(D)
A Modification, Enlargement or Change to an Existing Manufactured Home Park. The approval of a modification, enlargement or change to an existing manufactured home park is a Type II process. It involves:
(Ord. 810, 2000; Code 2000 § 11.20.24; Ord. 841 Exh. 2, 2003; Ord. 2022-03 § 1 (Exh. A), 2022)
§ 18.30.050 Modifications – Existing parks.
(A)
Prior to consideration, under subsection (B) of this section, of any modification, enlargement or change to an existing manufactured home park, a master site plan shall be submitted and approved by the design and facilities review committee which shall conform to the provisions of CMC § 18.30.060 and § 18.30.070. Any changes which conform to the approved plan shall not require any additional approvals.
(B)
Prior to implementing any modification, enlargement or change consistent with the approved master site plan, an application shall be submitted which satisfies the provisions of subsection (C) of this section, Partial Site Plan, to the community development director for approval for each modification. The community development director shall determine if the proposed modification, enlargement or change is consistent with the approved overall site plan. The community development director shall have the authority to approve, approve with conditions consistent with the provisions of this code, or deny any application. Notice of an approval or approval with conditions shall be given to all property owners and manufactured home owners within 250 feet of the area being modified. The decision of the community development director shall be appealable to the planning commission by any person who is aggrieved or has interests adversely affected by the decision. A notice of appeal shall be filed in the office of the community development director not later than 10 working days after the date of the notice of the decision.
(C)
Partial Site Plan.
(1)
An application for any modification to an existing manufactured home park shall place on record a partial site plan with approximate dimensions showing that the provisions of this zone are satisfied and which includes:
(a)
A narrative statement which states the number of units allowed on the site by the approved master site plan, the number of existing units, and the number of units being added or deleted. If there is not an approved master site plan, then the applicant shall provide a scaled aerial photo, no more than two years old, of the entire park, and including at least 100 feet around the perimeter of the park. The average setbacks shall be documented as a basis for determining yard requirements for replacement units.
(b)
Drawings to scale which show the dimensions and height of any buildings on the site.
(c)
A drawing to scale which shows the size of a manufactured home being added, deleted or moved, and the relationship of the manufactured home to the setback requirements set forth in CMC § 18.30.060.
(d)
A list of names of all persons owning property or manufactured homes within 250 feet of the manufactured home park area being modified.
(e)
A fee in an amount determined by the city council.
(Ord. 810, 2000; Code 2000 § 11.20.25; Ord. 841 Exh. 2, 2003)
§ 18.30.060 Area, density and height requirements.
(A)
Minimum Area Dimensions. The minimum area for a manufactured home park shall be one acre. The minimum width of the tract for portions used only for vehicular access shall be 60 feet. For portions containing manufactured home spaces and buildings open generally to occupants of the park, the minimum dimension shall be 200 feet.
(B)
Maximum Density. The average density over the entire development shall not exceed 10 dwellings per gross acre. Portions of the manufactured home park where grades exceed 15 percent shall not be included in the gross area computation.
(C)
Maximum Height. No building in a manufactured home park shall exceed two stories or 35 feet, whichever is less, except for a chimney, radio or television antenna.
(D)
Minimum Yard Area, Setbacks, Lot Size and Shape.
(1)
Front Yard. The front, as measured from the furthest extension of the manufactured home or prefabricated dwelling, including porch or deck, shall not be less than 10 feet from the back of the sidewalk. Accessory structures, garages or carports shall not be less than 20 feet from the back of the sidewalk.
(2)
Rear Yard. No rear yard shall be less than 10 feet in depth. However, where a rear yard abuts a perimeter landscape strip, the rear yard may be reduced to five feet.
(3)
Side Yard. The minimum width of side yards shall be not less than seven and one-half feet, as measured from the edge of the eave or the furthest extension of the manufactured home, prefabricated dwelling, or accessory structure to the edge of the manufactured home space.
(4)
Distance Between Manufactured Homes and Prefabricated Dwellings. Neighboring manufactured homes and prefabricated dwellings shall be separated by an average distance of at least 15 feet, but in no case shall manufactured dwelling units be closer than 10 feet. No accessory building or other structure or building on a manufactured home or prefabricated dwelling space shall be closer than 10 feet from other buildings or structures on the same space, or another manufactured home.
(5)
Distance Between Manufactured Homes, Prefabricated Dwellings, and Other Nonresidential Buildings. Manufactured homes and prefabricated dwellings shall be no closer than 20 feet to any permitted building other than another manufactured home, prefabricated dwelling, or an accessory structure on a manufactured home space.
(6)
Lot Lines. Manufactured home and prefabricated dwelling lot lines need not be perpendicular to streets or radial to curves, but shall be clearly identified on the master site plan, and identifiable on site.
(7)
Lot Coverage. The area occupied by the manufactured home, prefabricated dwelling, or accessory buildings and structures on the lot shall not exceed 75 percent of the lot area.
(E)
No manufactured home or prefabricated dwelling space shall be less than 30 feet in width or less than 85 feet in length, unless legally created prior to May 1, 2000.
(Ord. 810, 2000; Code 2000 § 11.20.26; Ord. 2022-03 § 1 (Exh. A), 2022)
§ 18.30.070 Site development standards.
(A)
Open Space. There shall be at least 200 square feet of open space for each unit in the park provided in common open space. However, the minimum required area shall be 5,000 square feet. Streets, access drives and parking lots shall not be considered open space. Open space must be a usable open recreational area, and shall be landscaped and maintained by the park owner according to the approved master site plan.
(B)
Perimeter Requirements. If topographical or other barriers within the development do not provide adequate buffering between the manufactured home park and adjacent development, the reviewing body may impose one or more of the following requirements:
(1)
Where the manufactured home park abuts an arterial or collector street or an existing or planned residential area, the reviewing body may require that a perimeter landscaped strip, no more than 25 feet wide, be established along the abutting property line. All required building setbacks shall be measured from the inner edge of the perimeter strip.
(2)
Where the manufactured home park abuts an existing or planned nonresidential area, the reviewing body may require that a perimeter landscaped strip, no more than 50 feet wide, be established along the abutting property line. All required building setbacks shall be measured from the inner edge of the perimeter strip.
(3)
Where required above, the reviewing body may require that perimeter strips be landscaped in a manner to buffer and screen from view adjoining commercial and industrial uses from the manufactured home park. Such buffering or screening shall be in place prior to issuance of home siting permits. Either of the following techniques may be used:
(a)
A six-foot-high earthen berm, with 75 percent of the area planted with evergreen and deciduous trees, shrubs, and ground cover arranged so as to create an effective buffer and visual screen; or
(b)
A six-foot-high decorative masonry wall, or combination masonry wall and wooden fence, and a combination of evergreen and deciduous trees, shrubs, and ground cover arranged so as to create an effective buffer and visual screen.
(4)
All required landscaped areas shall comply with the general landscaping standards and vision clearance standards set forth below.
(C)
Landscape Plan. In addition to the open space requirements, at least 20 percent of the gross site area shall be in landscaping. The perimeter buffer area required under subsection (B) of this section, shall be considered landscaped area. All front yards of manufactured home lots shall be landscaped prior to occupancy, in accordance with the approved master site plan.
(D)
Patio. A patio of wood, concrete, flagstone or equivalent material having a minimum area of 160 square feet shall be installed on each manufactured home space prior to occupancy of the manufactured home.
(E)
Accessory Structures. Accessory structures such as carports, garages, storage lockers, recreation and management buildings, cabanas and ramadas shall be allowed and shall satisfy the setback and lot coverage requirements.
(F)
Vehicular Access, Internal Circulation and Clear Vision Areas.
(1)
Where possible, vehicular access to a manufactured home park shall be from abutting arterial or collector streets. When bounded by more than one arterial or collector street, only one access point from each street shall be permitted. If the park is situated so that it would block through-connection of a public collector street, then the reviewing body may require that a public street connection shall be made through the park. The access and street design shall comply with the standards identified in Chapter 18.143 CMC, Transportation Facilities, inclusive.
(2)
No manufactured home park entrance or exit shall be closer than 100 feet to any intersection of a public street.
(3)
No manufactured home space shall have direct vehicular access to a street bordering the development, unless it is a public street that extends through the park, required by subsection (F)(1) of this section.
(4)
Each manufactured home space shall have direct access to an internal access street. Internal streets shall be designed to discourage outside traffic from traversing the development, except as required by subsection (F)(1) of this section.
(5)
Clear vision areas shall be provided at all roadway and driveway intersections in accordance with the vision clearance standards of this title.
(G)
Screening.
(1)
Sight-obscuring screening shall be provided for all garbage and trash collection areas, and for any approved outdoor storage, or parking lots abutting residential development. Such screening shall be a minimum six feet in height, and shall consist of a wall of brick, stone, or other substantial material; or a densely planted evergreen hedge and a decorative fence such as wrought-iron, or PVC or polymer covered chain link fencing. Galvanized chain link fencing shall not be permitted in new construction. Such screening shall be provided to a height sufficient to block the view of materials stored as viewed from the sidewalk on the opposite side of the street from the screen wall.
(2)
Garbage and trash collection areas shall be designed to meet the needs of all types of trash and waste collection required, including recycling, food waste, and solid waste.
(3)
The applicant shall demonstrate that the waste enclosure area is accessible by the waste service provider.
(H)
Internal Access Streets – Drainage.
(1)
All interior roadways and drives, except in the case of a through public street, shall be paved and maintained by the owner of the manufactured home park in accordance with city standards.
(3)
All corners shall have a minimum curb radius of 20 feet.
(4)
Cul-de-sacs shall serve no more than 12 manufactured home sites and have a minimum turning radius of 40 feet measured to the front of the curb.
(5)
All streets shall have curbs, gutters, and a minimum five-foot-wide sidewalk on each side, and shall meet ADA accessibility standards.
(6)
Storm drainage shall be managed through a system of underground drainage lines and catch basins, which convey storm water off the site to a public storm system, and shall comply with Clean Water Service (CWS) standards for water quality and quantity.
(I)
Lighting Streets and Sidewalks. Streets and walkways shall be lighted during the hours of darkness. Such lighting shall be automatically controlled and not be under control of the individual manufactured home occupants. Lighting shall be designed to an average of 0.025 horizontal candle power of light the full length of all roadways and walks within the park boundaries.
(J)
Mailboxes. Clustered mailboxes shall be provided, consistent with the locational criteria set by the post master. They shall be of uniform style.
(K)
Parking and Loading Space.
(1)
Off-Street Parking.
(a)
Resident. One covered parking space shall be provided for each manufactured home either on the manufactured home space or in an off-street parking bay within 100 feet of the dwelling being served. The covered parking space requirement may be waived in the replacement of a manufactured dwelling when the applicant can show that the minimum setbacks for the carport cannot be met, and fewer than 50 percent of the manufactured dwellings within 100 feet of the lot in question have a carport.
(b)
Guest. Where on-street parking is prohibited on both sides of an interior roadway, guest parking shall be provided in off-street parking bays at the rate of one parking space for every three manufactured home sites along the roadway section. Guest parking should be in close proximity to the manufactured home units being served.
(c)
Storage of Recreational Vehicles. Recreational vehicles, such as camping trailers, boats, campers, motor homes, and other such vehicles shall only be parked or stored within an area specifically designated and designed for such use, and shall be enclosed by a six-foot-high sight-obscuring wooden fence or decorative masonry wall with a gate.
(2)
Loading Space. Off-street loading bays and maneuvering areas shall be provided for all uses receiving delivery vehicles on a regular basis in conformance with the off-street loading requirements of this title, except for home occupational uses.
(3)
Paving and Design. Off-street parking and loading areas shall be paved and designed in accordance with the standards of the off-street parking and loading regulations of this title, and all streets which are to be used for emergency vehicle access shall be designed to load carrying capacities required by the fire chief.
(Ord. 810, 2000; Code 2000 § 11.20.27; Ord. 874 Exh. (1)(B), 2006; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.30.080 Manufactured home installation.
(A)
Compliance with HUD Standards. Any manufactured home placed within any manufactured home park established under this title shall have been manufactured after June 15, 1976, and bear the insignia of compliance issued by the Oregon Department of Commerce to show conformance with construction standards promulgated by the United States Department of Housing and Urban Development (HUD) construction standards.
(B)
Removal of Wheels. Wheels shall be removed from the manufactured home upon placement within a manufactured home park. Hubs and axles may remain.
(C)
Site Preparation, Skirting, and Tie-Downs. The site shall be properly prepared, compacted and graded for drainage as required by the building official, based on soil conditions and the weight of the unit being installed. All manufactured homes shall be skirted with a minimum concrete blocking or similar material as prescribed by the building official. Manufactured homes shall be tied down in accordance with state standards.
(Ord. 810, 2000; Code 2000 § 11.20.28)
§ 18.30.090 Prior approvals.
Any and all conditions attached to the approval of any manufactured home park prior to September 2, 1986, shall continue to apply and shall not be repealed, modified or in any manner affected by the provisions of the city building code, CMC § 15.05.020 through § 15.10.010, inclusive, so long as modifications are not made. However, the standards set forth herein supersede those established by the Department of Commerce, Building Codes Agency, OAR Chapter 918, Division 600, General Rules, and any discrepancy with the state code shall be governed by the city standards for any modifications or replacements made on or after the effective date of the ordinance codified in this title.
(Ord. 810, 2000; Code 2000 § 11.20.29)
§ 18.35.010 Purpose.
The purpose of the multi-unit residential or A-2 zone is to implement the city's land use designation and policies for medium-density residential housing as set forth in the comprehensive plan. The A-2 zone regulates development of detached single-unit dwellings on existing lots and provides design guidance for small lot residential subdivisions, middle housing developments, and multi-unit developments.
(Ord. 810, 2000; Code 2000 § 11.20.31; Ord. 857 Exh. 1, 2005; Ord. 2022-03 § 1 (Exh. A), 2022)
§ 18.35.020 Permitted uses.
The following uses and their accessory uses are permitted outright in an A-2 zone:
(A)
Duplexes.
(B)
Middle housing developments.
(C)
Multi-unit dwellings of five or more units.
(D)
Boarding house, lodging or rooming house.
(E)
Underground public utilities.
(F)
Accessory uses and structures which are customarily and clearly incidental and subordinate to the above uses, including approved carports, garages, or storage facilities.
(G)
Private parks and recreational facilities designed within a multi-family development.
(H)
Accessory dwelling unit, associated with single-family detached or common wall single-family dwellings, and subject to CMC § 18.20.090.
(J)
Residential facility consistent with state law.
(Ord. 810, 2000; Code 2000 § 11.20.32; Ord. 857 Exh. 1, 2005; Ord. 916 § 1 (Exh. A), 2010; Ord. 2016-015 § 1 (Exh. A), 2016; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2022-03 § 1 (Exh. A), 2022)
§ 18.35.030 Conditional uses.
The following uses may be permitted when in accordance with Chapter 18.105 CMC:
(A)
Governmental structure or use including public and private park, playground, community center and noncommercial recreational facilities, golf course, swimming pool, tennis courts, fire station, library or museum.
(B)
School – Public or Private. Nursery, primary, middle, junior or senior high, but not college or university.
(C)
Utility substation or aboveground pumping station with no equipment storage.
(E)
A planned unit development, including office and retail sales and other mixed uses approved by the planning commission and conditional uses as provided for under Chapter 18.110 CMC.
(F)
A manufactured/modular structure for temporary educational purposes subject to the following required conditions in addition to other conditions which may be imposed under Chapter 18.105 CMC.
(G)
Church, and associated church activities, except commercial day care.
(H)
Site-built detached single-family dwelling, including a residential home consistent with state law; and detached single-family manufactured housing, subject to CMC § 18.20.070.
(1)
On a single, undividable infill lot, approval of a single-family detached dwelling or manufactured housing shall be processed as a Type II procedure. Approval of more than one single-family detached unit within the A-2 zone shall require a Type III procedure.
(Ord. 810, 2000; Code 2000 § 11.20.33; Ord. 857 Exh. 1, 2005; Ord. 916 § 1 (Exh. A), 2010; Ord. 2018-05 § 1 (Exh. A), 2018)
§ 18.35.040 Prohibited uses.
The following uses shall be prohibited within the A-2 zone:
(A)
Recreational vehicles or other movable temporary dwellings used as a residence, or accessory sleeping units, except as lodging for guests not to exceed two weeks.
(B)
Manufacturing, processing, and bulk storage, except as permitted as a home occupation.
(C)
Parking and storage of construction equipment, semi-tractors and trailers.
(D)
The raising of animals other than normal household pets unless permitted through a livestock permit.
(E)
Retail sales, except for when over the Internet and where applicable in compliance with the home occupation requirements.
(F)
Heavy manufacturing and processing.
(G)
Freestanding wind turbines.
(H)
More than one single-family detached or common-wall single-family dwelling unit on a single lot or parcel. This does not apply to accessory dwelling units, duplexes, or cottage clusters.
(Ord. 810, 2000; Code 2000 § 11.20.34; Ord. 841 Exh. 2, 2003; Ord. 857 Exh. 1, 2005; Ord. 916 § 1 (Exh. A), 2010; Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.35.050 Area, density and lot requirements.
Lot area and density requirements shall be calculated based on net acreage. A net acre is equal to 32,670 square feet, and excludes roads, common open space, floodplains, riparian setbacks, and slopes over 25 percent.
(A)
Maximum Density. The average density over the entire development shall not exceed 14 dwellings per net acre for detached single-unit dwellings, or 25 units per net acre for townhouses or multi-unit dwellings. This maximum density does not apply to middle housing.
(1)
Lot Size.
HOUSING TYPE | MINIMUM LOT SIZE |
|---|---|
Detached single-unit dwelling and duplex | 3,100 square feet |
Triplex | 5,000 square feet |
Quadplex and cottage cluster | 7,000 square feet |
Townhouse | 1,500 square feet |
Multi-unit dwellings | 1,500 square feet per unit |
(2)
In the case of flag lots, the pole portion of the lot shall not count towards the required lot area.
(B)
Minimum Density. The minimum density allowed is eight dwellings per net acre for single-family, and 11 for multi-family development. Any land partition or subdivision shall make provisions to ensure that the minimum density is protected when further partitioning is possible and initial development is less than the minimum density.
(C)
Maximum Height. Building height, as defined in CMC § 18.195.080, shall not exceed 45 feet, except for:
(1)
A chimney, radio, television antenna, or solar feature;
(2)
Affordable housing with a 30-year affordability covenant compliant with ORS 456.270 through 456.295 as affordable to 80 percent area median income or less for each unit, or the average of the units is affordable at 60 percent area median income or less, is entitled to 150 percent of the existing density and 24 additional feet; or
(3)
As approved by the planning commission as part of a planned unit development.
(D)
Setback Requirements. Except as provided in CMC § 18.150.010, in an A-2 zone the minimum yard area setback requirements shall be as follows:
(1)
Front Yard. The front, as measured from the foundation of the structure, including porch or deck, shall not be less than 10 feet. Accessory structures, garages or carports shall not be less than 20 feet.
(2)
Rear Yard. No rear yard shall be less than 10 feet in depth for a single-story structure, plus five feet per additional story as measured from the foundation of the structure.
(3)
Side Yard. For single-family residences, the minimum width of side yards shall be not less than five feet, as measured from the foundation of the home. On corner lots the side yard facing the street shall not be less than 10 feet. For multi-family residences, no side yard shall be less than five feet in depth for a single story structure, plus five feet per additional story as measured from the foundation of the structure. On corner lots the side yard facing the street shall not be less than 10 feet.
(4)
Building Separation. Buildings within a complex shall be separated by at least 10 feet, plus five feet per additional story.
(5)
No accessory building or other structure or building shall be closer than three feet from a side or rear property line.
(E)
Repealed by Ord. 2022-03.
(F)
Repealed by Ord. 916.
(G)
Minimum Lot Dimensions.
(1)
No detached single-unit dwelling, duplex, triplex, quadplex, or cottage cluster lot shall be less than 30 feet in width abutting a public street, nor less than 60 feet in depth, except as may be approved as part of a planned unit development.
(2)
For multi-unit dwellings, the minimum average lot width shall be 75 feet abutting a public street, except on a cul-de-sac where the width may be reduced to 50 feet.
(3)
No townhouse lot shall be less than 20 feet in width abutting a public street, nor less than 60 feet in depth, except as may be approved as part of a planned unit development.
(Ord. 810, 2000; Code 2000 § 11.20.35; Ord. 841 Exh. 1, 2003; Ord. 916 § 1 (Exh. A), 2010; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2022-03 § 1 (Exh. A), 2022; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.35.060 Site development standards.
All multi-family developments are subject to design review requirements as set forth in Chapter 18.100 CMC; and all prior conditions of approval attached to any use in a multi-family zone shall continue to apply.
(A)
Open Space. Within residential developments containing 20 or more lots or units there shall be, at least, 300 square feet of open recreational space per unit provided in common open space for multi-family development and/or 300 square feet of recreational space per unit provided in public open space for single-family development. Such space will be considered part of the required landscaping, but must be designed in a manner that affords residents usable open area, such as lawn, patios, etc. Delineated wetlands recognized by the Division of State Lands may apply 20 percent of their area located on the subject parcel(s) to the open space requirement. Calculate the total square footage of delineated wetland area on the subject parcel(s) and multiply it by 20 percent. Streets, access drives and parking lots shall not be considered open space. Open space must be a usable open recreational area, and may include a club house or indoor recreation facility. All outdoor area shall be landscaped and maintained by the owner, or a homeowners' association, according to the approved development plans, unless the open space is dedicated to and accepted by the city as a public park.
(B)
Perimeter Requirements. If topographical or other barriers within the development do not provide adequate buffering between the development and adjacent nonresidential development, the reviewing body may impose one or more of the following requirements:
(1)
Where the development abuts an arterial or collector street or an existing planned unit development, the reviewing body may require that a perimeter landscaped strip, no more than 25 feet wide, and/or sound mitigation structures be established along the abutting property line. All required building setbacks shall be measured from the inner edge of the perimeter strip, which shall be set aside as a separate tract. And provisions for pedestrian connections through the landscape strip may also be required.
(2)
Where the development abuts an existing or planned nonresidential area, the reviewing body may require that a perimeter landscaped strip, no more than 50 feet wide, be established along the abutting property line. All required building setbacks shall be measured from the inner edge of the perimeter strip, which shall be set aside as a separate tract. And provisions for pedestrian connections through the landscape strip may also be required.
(3)
All driveways and landscaped areas shall comply with vision clearance standards set forth below. All landscaping shall comply with the general landscaping standards set forth below.
(C)
Landscape Plan.
(1)
For multi-family residence, in addition to the open space requirements, the entire net area of the site that is not covered by building or parking and circulation improvements shall be landscaped prior to occupancy, in accordance with the approved site plan and the standards set forth herein.
(2)
At maturity at least 80 percent of the landscape area shall be covered by plant material, lawn, and trees when the plantings reach maturity. The remaining area may be covered in nonvegetative ground cover.
(3)
Frontage Trees. Frontage trees shall be required and must comply with current public works standards.
(4)
Installation of required landscaping may be deferred for up to six months with written approval by the community development director; provided, that the owner posts with the city a cash deposit or irrevocable letter of credit assigned to the city for an amount equal to 150 percent of the estimated cost of the landscaping materials and installation by a qualified contractor.
(D)
Vehicular Access, Internal Circulation and Clear Vision Areas.
(1)
Where possible, vehicular access to residential subdivisions shall be from abutting arterial or collector streets. Access to individual lots shall be primarily from local streets or alleyways when the alleyway is developed to current public works standards. Direct lot access to arterials or collector streets shall not be permitted, unless there is no alternative as determined by the city engineer.
(2)
The minimum public street width shall comply with Chapter 5 of the adopted public works standards.
(3)
Internal Access. All internal roadways and drives shall be paved and maintained by the owner in accordance with city standards. No entrance or exit shall be located closer than 100 feet to any intersection of a public street, unless there is no reasonable alternative. They shall have the following minimum unobstructed pavement width:
(4)
Internal sidewalks or pathways shall be provided to ensure safe and convenient pedestrian circulation throughout the development.
(5)
Clear vision areas shall be provided at all roadway and driveway intersections in accordance with the vision clearance standards set forth in CMC § 18.150.070.
(E)
Access Streets – Sidewalks – Drainage.
(1)
All streets shall be designed in accordance with standards set forth in Chapter 18.143 CMC, Transportation Facilities, and the subdivision code.
(2)
All driveways for new construction shall have minimum pavement width of 12 feet and shall not be more than 25 feet in width at the curb. Each driveway shall have a concrete curb apron designed to comply with public works standards, and not more than two lots may be served by one shared driveway.
(3)
Cul-de-sacs shall serve no more than 12 residential lots and meet current public works design standards.
(4)
For all new construction, curbs, gutters, and a minimum five-foot-wide sidewalk, offset from the curb, shall be provided along the entire lot frontage and shall meet ADA accessibility standards. In the case of remodels or garage additions to an existing house, no sidewalk shall be required if one does not exist, but the driveway apron and paved driveway shall be required. However, a curb tight sidewalk may be approved by the city engineer when it is impractical to provide the offset.
(5)
Storm drainage shall meet current public works design standards and shall comply with Clean Water Services (CWS) standards for water quality and quantity.
(F)
Lighting Streets. Streets and walkways shall be lighted during the hours of darkness in accordance with public works standards.
(G)
Mailboxes. Except for in-fill partitioning, clustered mailboxes shall be provided, consistent with the locational criteria set by the Post Master. They shall be of uniform style.
(H)
Insects and Rodents. Materials, including wastes, shall be stored and managed, and grounds shall be maintained in a manner that will not attract or aid in the propagation of insects or rodents or cause a health hazard.
(I)
Screening.
(1)
Sight-obscuring screening shall be provided for all garbage and trash collection areas, approved outdoor storage, and parking lots abutting a low density residential development. Such screening shall be six feet in height, and shall consist of a wall of brick, stone, or other substantial material, or a densely planted evergreen hedge and chain link fence.
(2)
The review body may require nonsight-obscuring screening and/or fencing of parking lots abutting property lines, front yards abutting a public street, or other yards abutting a low density residential development.
(J)
Parking and Loading Space.
(1)
Off-Street Parking.
(a)
Resident. One covered parking space shall be provided for each dwelling unit either on the individual lot or in an off-street parking bay within 100 feet from the dwelling being served. Total parking provided shall be consistent with CMC § 18.145.030(A), Table 1.
(b)
Guest. Where on-street parking is prohibited on both sides of a street, guest parking shall be provided in off-street parking bays at the rate of one parking space for every three detached single-unit home sites along the street section. Guest parking should be within 100 feet of the dwelling units being served.
(c)
Storage of Recreational Vehicles. Recreational vehicles, such as camping trailers, boats, campers, motor homes, and other such vehicles shall only be parked or stored within an area specifically designated and designed for such use, and shall not be located in the public right-of-way.
(2)
Paving and Design. Off-street parking and maneuvering areas shall be paved with asphalt or concrete and designed in accordance with the standards of the off-street parking regulations of this title.
(3)
Parking Lot Landscaping. There shall be a five-foot landscaped buffer at the perimeter of all parking lot areas. Parking lots shall be designed and landscaped so as to break up large paved areas with landscaped islands, at a minimum of every 10 spaces. See CMC § 18.145.050.
(4)
On each home site, or on each individual dwelling within a complex, an address number of the home shall be provided in a manner that is clearly visible from the street, as approved by the fire department.
(5)
Each resident may display on their home one sign identifying the person residing therein; provided, that the sign is not larger than one square foot.
(6)
Traffic control and directional signs shall be installed as required by the current public works standards.
(K)
Screening.
(1)
Sight-obscuring screening shall be provided for all garbage and trash collection areas, and for any approved outdoor storage, or parking lots abutting residential development. Such screening shall be a minimum six feet in height, and shall consist of a wall of brick, stone, or other substantial material; or a densely planted evergreen hedge and a decorative fence such as wrought-iron, or PVC or polymer covered chain link fencing. Galvanized chain link fencing shall not be permitted in new construction. Such screening shall be provided to a height sufficient to block the view of materials stored as viewed from the sidewalk on the opposite side of the street from the screen wall.
(2)
Garbage and trash collection areas shall be designed to meet the needs of all types of trash and waste collection required, including recycling, food waste, and solid waste.
(3)
The applicant shall demonstrate that the waste enclosure area is accessible by the waste service provider.
(Ord. 810, 2000; Code 2000 § 11.20.36; Ord. 841 Exhs; 1, 2, 2003; Ord. 874 Exh. (1)(B), 2006; Ord. 2016-011 § 1 (Exh. A), 2016; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2022-03 § 1 (Exh. A), 2022; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.35.070 Manufactured housing on individual lots.
All manufactured homes on individual lots within the A-2 zone shall:
(A)
Comply with all federal, state and local building codes for placement, occupation and storage.
(B)
Have a pitched roof with at least a nominal slope of one foot in height for each three feet in width.
(C)
Have exterior siding and roofing material which in color, material grade, and appearance is comparable to the exterior siding and roofing material predominantly used on surrounding residential dwellings.
(D)
Be certified by the manufacturer to have an exterior thermal envelope meeting performance standards required of site-built single-family construction under the State Building Code (1981) as defined by ORS 455.010.
(E)
Have at least one covered off-street parking space constructed of like materials as the home.
(F)
Have skirting that consists of smooth or split face concrete blocks.
(G)
Be multisectional and enclose a space of not less than 1,000 square feet.
(Ord. 810, 2000; Code 2000 § 11.20.37; Ord. 2018-05 § 1 (Exh. A), 2018)
§ 18.35.080 Home occupation.
Home occupations may be allowed as follows:
(A)
Type A. Allowed through a Type I administrative review consistent with the following:
(1)
There are no structural alterations or changes necessary to the dwelling or accessory building or to the premises in order to conduct the business operations; and
(2)
There is no outdoor display or storage, nor indoor display or storage, of merchandise on the premises which can be seen from the street or sidewalk adjacent to the dwelling; and
(3)
The business is conducted by members of the immediate family, all of whom reside in the residence and there are no additional employees; and
(4)
Personal appearances by customers on the property are limited to one at a time, and not more than eight customers per day; and
(5)
There is no external signage which informs potential customers of the location of the residential dwelling for the purpose of attracting customers to the dwelling; and
(6)
The business activity does not create noise levels audible above normal ambient residential levels beyond the property line of the property upon which the residential dwelling is located; and
(7)
The activities do not attract more than three commercial deliveries of goods and services daily; and
(8)
The home occupation may not serve as a headquarters or dispatch center where employees come to the site and are dispatched to other locations; and
(9)
The owner has and maintains a valid city business license; and
(10)
In the case of home child care, there are not more than 16 children total and the operator is appropriately registered and/or certified by the state.
(B)
Type B. Allowed by approval of the planning commission through a Type III application, and subject to the following:
(1)
There are structural alterations or changes necessary to the dwelling, accessory building, or to the premises in order to conduct the business operations and/or a new accessory building is needed to conduct the normal operations of the business; and
(2)
There is no outdoor display or storage, nor indoor display or storage, of merchandise on the premises which can be seen from the street or sidewalk adjacent to the dwelling; and
(3)
The business is conducted by members of the immediate family living on the premises and/or not more than one employee who does not reside in the residence; and
(4)
Personal appearances by customers on the property are limited to three at a time, and not more than 10 customers per day; and
(5)
The business activity does not create noise levels audible above normal ambient residential levels beyond the property line of the property upon which the residential dwelling is located; and
(6)
The activities do not attract more than five commercial deliveries of goods and services daily; and
(7)
The home occupation may not serve as a headquarters or dispatch center where employees come to the site and are dispatched to other locations; and
(8)
The owner has and maintains a valid city business license; and
(9)
There is no accessory dwelling associated with the primary residence.
(Ord. 810, 2000; Code 2000 § 11.20.38; Ord. 916 § 1 (Exh. A), 2010)
§ 18.35.090 Accessory dwellings.
This section applies only to single-family detached or attached dwelling units.
Accessory dwellings shall comply with the following:
(A)
The unit shall not exceed 800 square feet, or 60 percent of the total floor area of the primary dwelling, whichever is greater.
(B)
The unit shall comply with the standard setbacks and height limitation of the base zone.
(C)
All yard area requirements of the base zone shall be met, and the unit shall comply with the fire and life safety codes.
(Ord. 810, 2000; Code 2000 § 11.20.39; Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.45.010 Purpose.
The purpose of the highway commercial or C-2 zone is to provide for retail businesses, services, and offices located along the Tualatin Valley Highway corridor, where the principal users are auto oriented.
(Ord. 810, 2000; Code 2000 § 11.20.51)
§ 18.45.020 Uses permitted outright.
In a C-2 zone the following uses shall be permitted outright; provided, that all operations are conducted within an enclosed structure:
(A)
General retail.
(B)
Service commercial, including barber, banks.
(C)
Automobile, truck, marine, motorcycle, appliance and/or parts sales, service, repair, rental, and including custom vehicle assembly; provided, that all operations are conducted within an enclosed structure.
(D)
Office, including professional, medical/dental.
(E)
Indoor amusement or entertainment and restaurants, including fast food with drive-up window.
(F)
Motel, motor courts, hotel, inns or bed and breakfasts.
(G)
Small engine or equipment repair shop.
(H)
Single-family dwelling units as a secondary or accessory use to commercial.
(I)
Other similar uses as may be approved by the planning commission.
(J)
Type "A" or Type "B" mobile vendor, as described in Chapter 5.35 CMC; this use is not subject to the enclosed structure requirement.
(K)
Church and associated church activities.
(L)
Conversion of a hotel or motel to an emergency shelter or affordable housing.
(Ord. 810, 2000; Code 2000 § 11.20.52; Ord. 841 Exh. 1, 2003; Ord. 2016-015 § 1 (Exh. A), 2016; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.45.030 Conditional uses permitted.
In a C-2 zone the following uses and their accessory uses may be permitted when in accordance with Chapter 18.105 CMC:
(A)
Outdoor storage and/or display of merchandise, materials, goods, and equipment, or any other outdoor activity, subject to a Type II review if the outdoor activity complies with principally permitted uses within the zone, otherwise a Type III review is required.
(B)
Government or other similar institutional uses.
(C)
Warehouse or wholesale operation.
(D)
Above ground utility yard and above ground storage tanks.
(E)
Large machinery or farm equipment sales, service or rental.
(G)
Requests to exceed the permitted building height.
(H)
Repealed by Ord. 2024-03.
(I)
Service stations and fuel distribution, provided storage tanks are underground.
(J)
Multi-family dwelling units, including a residential facility consistent with state law, and all shall be consistent with A-2 standards.
(K)
Indoor mini-storage facility.
(L)
Certified child care center.
(M)
Marijuana retail sales facilities, wholesale sales facilities, and medical marijuana dispensaries as defined in CMC § 18.177.025 and subject to the provisions of Chapters 18.105 and 18.177 CMC.
(Ord. 810, 2000; Code 2000 § 11.20.53; Ord. 841 Exh. 1, 2003; Ord. 916 § 1 (Exh. A), 2010; Ord. 2015-03 § 1 (Exh. A), 2015; Ord. 2016-014 § 1 (Exh. A), 2016; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.45.040 Development requirements.
(A)
Lot Size. In a C-2 zone there is no minimum lot size, save and except that the lot must be large enough to accommodate the proposed use, including all design standards and functional requirements related to the use.
(B)
Setback Requirements. In a C-2 zone the following setbacks shall meet the base standard; however, the review body may require a greater or lesser setback based on the design review criteria set forth in this chapter:
(2)
No side yard shall be required, except five feet when abutting a residential use or zone, and when a side yard abuts a public street the setback shall be the same as the front yard.
(3)
No rear yard is required, except five feet when abutting a residential use or zone, and when a side yard abuts a public street the setback shall be the same as the front yard.
(C)
Height of Building. Building height, as defined in CMC § 18.195.080, shall not exceed 40 feet, except for:
(1)
Affordable housing with a 30-year affordability covenant compliant with ORS 456.270 through 456.295 as affordable to 80 percent area median income or less for each unit, or the average of the units is affordable at 60 percent area median income or less, is entitled to 150 percent of the existing density and 24 additional feet; or
(2)
As approved by the planning commission.
(Ord. 810, 2000; Code 2000 § 11.20.54; Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.45.050 Performance standards.
In a C-2 zone no land or structure shall be used or occupied unless there is continuing compliance with the following standards:
(A)
Design Review Approval. All design review requirements and conditions of approval, including all prior attached conditions shall be satisfied.
(B)
Environmental Standards. All uses shall comply with required air, land, and water quality standards set forth by all state, federal and local jurisdictions (i.e., Department of Environmental Quality, Clean Water Services, and Metro).
(C)
Heat and Glare.
(1)
Except for exterior lighting, operations producing heat or glare shall be conducted entirely within an enclosed structure, such that glare is not visible from a public street or adjacent property.
(2)
Exterior lighting shall be designed such that glare is directed away from public streets or adjacent properties.
(D)
Insects and Rodents. Materials including wastes shall be managed and stored, and grounds shall be maintained in a manner that will not attract or aid the propagation of insects or rodents or create a health hazard.
(E)
Outside Storage. Outside storage shall be appropriately screened consistent with CMC § 18.45.060(F).
(Ord. 810, 2000; Code 2000 § 11.20.55; Ord. 841 Exh. 2, 2003; Ord. 2020-05 § 1 (Exh. A), 2020)
§ 18.45.060 Development standards.
In a C-2 zone no new use or occupation of land or a structure or a new structure and no change of use of land or a structure shall be permitted unless there is continuing compliance with the following standards:
(A)
Landscape Plan.
(1)
For all uses in a C-2 zone, the first five feet of lineal street frontage on the subject site shall be landscaped (exclusive of frontage trees) prior to occupancy, in accordance with the approved site plan and the standards set forth herein.
(2)
When at maturity, at least 80 percent of the proposed landscape area shall be covered by plant material, lawn, and trees. The remaining area may be covered in nonvegetative ground cover.
(3)
Street Trees. Street trees shall be required and shall be selected from the approved public works street tree list. The total number of trees shall be determined by dividing the total linear footage of the site, which abuts a public street, by 30 feet. The location of the trees shall be determined through design review, and the trees shall be installed in accordance with Chapter 5 of the adopted public works standards.
(4)
Installation of required landscaping may be deferred for up to six months; provided, that the owner posts with the city a cash deposit or irrevocable letter of credit assigned to the city for an amount equal to 150 percent of the estimated cost of the landscaping materials and installation by a qualified contractor.
(B)
Vehicular Access, Internal Circulation and Clear Vision Areas.
(1)
Where possible, vehicular access to commercial developments shall be from abutting arterial or collector streets, and shall be shared with adjacent properties to minimize multiple curb cuts. Access to individual lots from T.V. Highway shall be approved by ODOT with secondary access from adjacent collectors or minor local streets where possible. Except in the case of a multi-building complex, direct lot access to an arterial shall not be permitted, unless there is no viable alternative, and direct access to collector and local streets shall only be allowed as permitted by the review body.
(2)
The minimum public street width for commercial development shall comply with Chapter 5 of the adopted public works standards.
(3)
Internal Access. All internal roadways and drives shall be paved and maintained by the owner in accordance with city standards. No entrance or exit shall be located closer than 100 feet to any intersection of a public street, unless there is no reasonable alternative. They shall have the following minimum unobstructed pavement width:
(4)
Internal sidewalks or pathways shall be provided to ensure safe and convenient pedestrian circulation throughout the development.
(5)
Clear vision areas shall be provided at all roadway and driveway intersections in accordance with the vision clearance standards set forth in CMC § 18.150.070.
(C)
Access Streets – Sidewalks – Drainage.
(1)
All streets shall be designed in accordance with Chapter 5 of the adopted public works standards.
(2)
All driveways for new construction shall have minimum pavement width of 12 feet and shall not be more than 35 feet in width at the curb, unless specifically approved by the review body to meet unusual requirements of a particular use. Each driveway shall have a concrete curb apron designed to comply with public works standards.
(3)
Cul-de-sacs shall serve no more than four separate uses and shall have a minimum turning radius of 50 feet measured to the front edge of the curb.
(4)
Sidewalks and Improvements.
(a)
For all new construction, curbs, gutters, and a minimum six-foot-wide sidewalk, with eight feet at a bus stop, shall be provided along the entire lot frontage, and shall meet ADA accessibility standards.
(b)
Site design review Type II requests for remodels, alterations and/or additions to an existing building shall require a sidewalk if one does not exist, the driveway apron and paved driveway to be constructed to city standards. Commercial sidewalks shall be curb tight, unless otherwise approved by the review body.
(5)
Storm drainage shall be managed through a system of underground drainage lines and catch basins, which convey storm water off the site to a public storm system, and shall comply with Clean Water Services (CWS) standards for water quality and quantity.
(D)
Lighting Streets. Streets and walkways shall be lighted during the hours of darkness in accordance with public works standards.
(E)
Mailboxes. Except for in-fill partitioning, clustered mailboxes shall be provided, consistent with the locational criteria set by the Post Master. They shall be of uniform style.
(F)
Screening.
(1)
Sight-obscuring screening shall be provided for all garbage and trash collection areas, and for any approved outdoor storage, or parking lots abutting a residential development. Such screening shall be six feet in height, and shall consist of a wall of brick, stone, or other substantial material, or a densely planted evergreen hedge and a decorative fence, such as wrought-iron, or PVC or polymer covered chain link fencing. Galvanized chain link fencing shall not be permitted on new construction.
(2)
The reviewing body may require nonsight-obscuring screening and/or fencing of parking lots abutting property lines, front yards abutting a public street, or other yards abutting a residential development.
(3)
Garbage and trash collection areas shall be designed to meet the needs of all types of trash and waste collection required, including recycling, food waste, and solid waste.
(4)
The applicant shall demonstrate that the waste enclosure area is accessible by the waste service provider.
(G)
Parking and Loading Space.
(2)
Paving and Design. Off-street parking and maneuvering areas shall be paved with asphalt or concrete and designed in accordance with the standards of the off-street parking regulations of this title.
(3)
Parking Lot Landscaping. There shall be a five-foot landscaped buffer at the perimeter of all parking lot areas. Parking lots shall be designed and landscaped so as to break up large paved areas with landscaped islands, at a minimum of every 10 spaces.
(Ord. 810, 2000; Code 2000 § 11.20.56; Ord. 841 Exh. 2, 2003; Ord. 874 Exh. (1)(B), 2006; Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.45.070 Signs.
Signs within the C-2 zone may be allowed consistent with Chapter 18.175 CMC.
(Ord. 810, 2000; Code 2000 § 11.20.57)
§ 18.54.010 Purpose.
The LI zoning district provides for light, clean industries for a variety of manufacturing and other uses with controlled external impacts. The district provides for secondary processing industries, involving manufacturing, warehousing, assembling, packaging and treatment of products with components that have been previously prepared from raw materials. Industrial establishments shall not have objectionable external features, shall feature well-landscaped sites and their activities shall occur within enclosed buildings.
Limited supporting commercial uses that are accessory to the primary use of the site may be conditionally permitted and shall comply with Title 4 of the metro urban growth functional management plan. LI uses may be located adjacent to residential and commercial uses with adequate buffering.
(Ord. 916 § 2 (Exh. B), 2010)
§ 18.54.020 Permitted uses.
The following uses are permitted outright with the appropriate site design review:
(A)
Secondary manufacturing and processing of products made from components previously prepared from raw materials.
(B)
Public and private utilities, including telephone exchanges, electric substations, and data centers.
(C)
Industrial hand tool and supply sales primarily wholesaled to other industrial firms or industrial workers.
(D)
Research and development companies, experimental and/or testing laboratories.
(E)
Internet and telephone system retail sales without counter sales, which are shipped out or shipped directly to customers of products prepared on site. The total retail sales area shall be less than 25 percent of the total building area in which the use is located.
(F)
Repealed by Ord. 2024-03.
(G)
Electronics, building materials and home appliance recycling in an enclosed structure.
(H)
Blueprinting, printing, publishing, or other reproduction services.
(I)
New self-service storage facilities.
(J)
Medical, dental and similar laboratories.
(L)
Housing owned by a public body or non-profit corporation organized as a religious corporation; is not within the 100-year floodplain; can be adequately served by water, sewer, storm and streets; and the housing has an affordability covenant compliant with ORS 456.270 through 456.295 for no less than 30 years and that the site is contiguous to residential property.
(Ord. 916 § 2 (Exh. B), 2010; Ord. 2016-015 § 1 (Exh. A), 2016; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.54.030 Conditional uses.
The following uses are permitted as conditional uses, provided such uses are subject to the standards contained in CMC § 18.54.060 and approved in accordance with Chapter 18.105 CMC:
(A)
Commercial laundry, dry cleaning, dyeing or rug cleaning plants.
(B)
Brewery or winery where all activity, including storage, occurs inside an enclosed structure.
(C)
Radio, television and similar communication stations, including transmitters and wireless communication towers.
(D)
Restaurants without drive-through.
(E)
Hospitals and emergency care facilities.
(F)
Automotive, recreational vehicle, motorcycle, truck, manufactured home, boat, farm and other equipment repair or service within an enclosed structure.
(G)
Trade, industrial or commercial schools whose primary purpose is to provide training for an industrial need or occupation.
(H)
Wholesale building material sales, lumberyards, contractors' storage and equipment yards, building maintenance services, and similar uses.
(I)
Cellular transmission towers.
(J)
Repealed by Ord. 2024-03.
(K)
Automobile, boat, trailer and recreational vehicle storage.
(Ord. 916 § 2 (Exh. B), 2010; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.54.040 Prohibited uses.
The following uses are expressly prohibited:
(A)
Outdoor storage and/or display of raw materials.
(B)
Auto wrecking and junk or salvage yards.
(C)
Distillation of oil, coal, wood or tar compounds and the creosote treatment of any products.
(D)
General purpose solid waste landfills, incinerators, and other solid waste facilities.
(E)
Pulp mills and paper mills.
(F)
Slaughter of livestock or poultry, the manufacture of animal by-products or fat rendering.
(G)
Leather tanneries.
(H)
Indoor motor vehicle sports.
(I)
Horse stables, riding arenas and other livestock event facilities.
(J)
Marijuana facilities.
(Ord. 916 § 2 (Exh. B), 2010; Ord. 2015-03 § 3 (Exh. A), 2015)
§ 18.54.050 Development requirements.
(A)
Lot Size. In an LI zone there is no minimum lot size, save and except that the lot must be large enough to accommodate the proposed use, including all design standards and functional requirements related to the use.
(B)
Setback Requirements. In an LI zone the following setbacks shall be the minimum required. The approval authority may require greater setbacks for uses allowed under CMC § 18.54.030, based on the approval criteria in Chapter 18.105 CMC, the base standard; however, the review body may require a greater or lesser setback based on the design review criteria set forth in this chapter:
(C)
Height of Building. No building shall exceed a height of 35 feet, unless approved by the Planning Commission.
(Ord. 916 § 2 (Exh. B), 2010)
§ 18.54.060 Performance standards.
In an LI zone no land or structure shall be used or occupied unless there is continuing compliance with the following standards:
(A)
Design Review Approval. All design review requirements and conditions of approval, including all prior attached conditions, shall be satisfied.
(B)
Environmental Standards. All uses shall comply with the required air, land, and water quality standards set forth by all state, federal and local jurisdictions (i.e., Department of Environmental Quality, Clean Water Services, and Metro).
(1)
Vibration. No vibration other than that caused by highway vehicles or trains shall be permitted which is discernible without instruments at the property line of the use concerned.
(2)
Odors. The emission of odorous gases or matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited.
(C)
Heat and Glare.
(1)
Except for exterior lighting, operations producing heat or glare shall be conducted entirely within an enclosed structure, such that glare is not visible from a public street or adjacent property.
(2)
Exterior lighting shall be designed such that glare is directed away from public streets or adjacent properties.
(D)
Insects and Rodents. Materials, including wastes, shall be managed and stored, and grounds shall be maintained, in a manner that will not attract or aid the propagation of insects or rodents or create a health hazard.
(Ord. 916 § 2 (Exh. B), 2010)
§ 18.54.070 Development standards.
In an LI zone no new use or occupation of land or a structure or a new structure and no change of use of land or a structure shall be permitted unless there is continuing compliance with the following standards:
(A)
Landscape Plan.
(1)
For all uses in an LI zone, the first five feet of lineal street frontage on the subject site shall be landscaped (exclusive of frontage trees) prior to occupancy, in accordance with the approved site plan and the standards set forth herein.
(2)
At least 80 percent of the landscape area shall be covered by plant material, lawn, and trees when the plantings are at maturity. The remaining area may be covered in nonvegetative ground cover.
(3)
Street Trees. Street trees shall be required and shall be selected from the approved public works street tree list. The total number of trees shall be determined by dividing the total lineal footage of the site which abuts a public street by 30. The location of the trees shall be determined through design review, and the trees shall be installed in accordance with Chapter 5 of the adopted public works standards.
(4)
Installation of required landscaping may be deferred for up to six months; provided, that the owner posts with the city a guarantee in the form of a bond, cash deposit, or irrevocable letter of credit assigned to the city for an amount equal to 150 percent of the estimated cost of the landscaping materials and installation by a qualified contractor.
(B)
Vehicular Access, Internal Circulation and Clear Vision Areas.
(1)
Where possible, vehicular access to industrial developments shall be from abutting arterial or collector streets, and shall be shared with adjacent properties to minimize multiple curb cuts. Access to individual lots from T.V. Highway shall be approved by ODOT with secondary access from adjacent collectors or if necessary from minor local streets where possible. Except in the case of a multi-building complex, direct lot access to an arterial shall not be permitted, unless there is no viable alternative, and direct access to a local street shall only be allowed as permitted by the review body.
(2)
The minimum public street width for industrial development shall comply with Chapter 5 of the adopted public works standards.
(3)
Internal Access. All internal roadways and drives shall be paved and maintained by the owner in accordance with city standards. No entrance or exit shall be located closer than 100 feet to any intersection of a public street, unless there is no reasonable alternative. They shall have the following minimum pavement widths:
(4)
Internal sidewalks or pathways shall be provided to ensure safe and convenient pedestrian circulation throughout the development.
(5)
Clear vision areas shall be provided at all roadway and driveway intersections in accordance with the vision clearance standards set forth in CMC § 18.150.070.
(C)
Access Streets – Sidewalks – Drainage.
(1)
All streets shall be designed in accordance with Chapter 5 of the adopted public works standards.
(2)
All driveways for new construction shall have minimum pavement width of 24 feet and shall not be more than 45 feet in width at the curb, unless specifically approved by the review body to meet unusual requirements of a particular use.
(3)
Cul-de-sacs shall serve no more than four separate uses and shall have a minimum turning radius of 50 feet measured to the front edge of the curb.
(4)
Sidewalks and Improvements.
(a)
For all new construction, curbs, gutters, and a minimum six-foot-wide sidewalk, with eight feet at a bus stop, shall be provided along the entire lot frontage, and shall meet ADA accessibility standards.
(b)
Site design review Type II requests for remodels, alterations and/or additions to an existing building shall require a sidewalk, if one does not exist; the driveway apron and paved driveway shall be constructed to city standards.
(5)
Storm drainage shall be managed through a system of underground drainage lines and catch basins, which convey storm water off the site to a public storm system, and shall comply with Clean Water Services (CWS) standards for water quality and quantity.
(D)
Lighting Streets. Streets and walkways shall be lighted during the hours of darkness in accordance with public works standards.
(E)
Mailboxes. Except for in-fill partitioning, clustered mailboxes shall be provided, consistent with the locational criteria set by the postmaster. They shall be of uniform style.
(F)
Screening.
(1)
Sight-obscuring screening shall be provided for all garbage and trash collection areas, and for any approved outdoor storage, or parking lots abutting a residential development. Such screening shall be a minimum six feet in height, and shall consist of a wall of brick, stone, or other substantial material; or a densely planted evergreen hedge and chain link fencing. Such screening shall be provided to a height sufficient to block the view of materials stored as viewed from the sidewalk on the opposite side of the street from the screen wall.
(2)
The reviewing body may require sight-obscuring screening and/or fencing of parking lots abutting property lines, front yards abutting a public street, or other yards abutting a residential development.
(3)
Garbage and trash collection areas shall be designed to meet the needs of all types of trash and waste collection required, including recycling, food waste, and solid waste.
(4)
The applicant shall demonstrate that the waste enclosure area is accessible by the waste service provider.
(G)
Parking and Loading Space.
(2)
Paving and Design. Off-street parking and maneuvering areas shall be paved with asphalt or concrete and designed in accordance with the standards of the off-street parking regulations of this title.
(3)
Parking Lot Landscaping. There shall be a five-foot landscaped buffer at the perimeter of all parking lot areas. The parking area shall be screened with evergreen plant material maintained at a minimum of 36 inches in height. Parking lots shall be designed and landscaped so as to break up large paved areas with landscaped islands every 10 parking spaces.
(Ord. 916 § 2 (Exh. B), 2010; Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.54.080 Signs.
Signs within the LI zone may be allowed consistent with the provisions identified for the light industrial LI zone and Chapter 18.175 CMC.
(Ord. 916 § 2 (Exh. B), 2010)
§ 18.55.010 Purpose.
The purpose of the general industrial or M-1 zone is to provide for various industrial activities which require processing, fabrication and storage of raw, primary materials, including outdoor storage areas, heavy equipment storage and other uses not compatible with the commercial or residential zones.
(Ord. 810, 2000; Code 2000 § 11.20.71; Ord. 916 § 1 (Exh. A), 2010)
§ 18.55.020 Permitted uses.
In an M-1 zone the following uses shall be permitted outright; provided, that all operations are conducted within an enclosed structure:
(A)
General uses involving manufacturing, processing, or storage.
(B)
Automobile, truck, marine, motorcycle, motors, machine or appliance service and repair; provided, that all operations, other than storage, are conducted within an enclosed structure, and there shall be no retail sales, except as may be allowed under CMC § 18.55.030(I).
(C)
Cabinet shop, light metal fabrication shop, machine shop, but not including retail sales of finished products except if located on an arterial street as designated in the comprehensive plan.
(D)
Research and development facilities.
(E)
Other similar uses as may be approved by the planning commission.
(F)
Repealed by Ord. 2024-03.
(G)
Repealed by Ord. 2024-03.
(H)
Internet and telephone system retail sales without counter sales, which are shipped out or shipped directly to customers of products prepared on site. The total retail sales area shall be less than 25 percent of the total building area in which the use is located.
(Ord. 810, 2000; Code 2000 § 11.20.72; Ord. 916 § 1 (Exh. A), 2010; Ord. 2016-015 § 1 (Exh. A), 2016; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.55.030 Conditional uses permitted.
The following uses shall be permitted as a conditional use subject to the standards contained in CMC § 18.55.060 and Chapter 18.105 CMC, Conditional Use Permit. In an M-1 zone the following uses and their accessory uses may be permitted when in accordance with Chapter 18.105 CMC:
(B)
Repealed by Ord. 2024-03.
(C)
A mobile structure used as a construction and/or security office during site development.
(D)
Repealed by Ord. 2024-03.
(E)
Cellular transmission towers.
(F)
Repealed by Ord. 2024-03.
(G)
Request to exceed the maximum building height.
(H)
Above ground utility yard and above ground storage tanks.
(I)
General retail shall only be permitted as approved by the planning commission where retail sales are in conjunction with and/or directly associated with products manufactured on site. The retail sales shall be subordinate to the primary industrial use approved for the site.
(J)
Outdoor storage and display subject to a Type III review.
(K)
Wind generation and turbines, subject to setback from all property lines equal to or greater than the height of the wind generation structure.
(L)
Caretaker's residence solely intended to provide security for the established principal permitted use of the property.
(M)
Repealed by Ord. 2024-03.
(N)
Marijuana production facilities and processing facilities as defined in CMC § 18.177.025 and subject to the provisions of Chapters 18.105 and 18.177 CMC.
(Ord. 810, 2000; Code 2000 § 11.20.73; Ord. 916 § 1 (Exh. A), 2010; Ord. 2016-011 § 1 (Exh. A), 2016; Ord. 2016-014 § 1 (Exh. A), 2016; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.55.040 Prohibited uses.
§ 18.55.050 Development requirements.
(A)
Lot Size. In an M-1 zone there is no minimum lot size, save and except that the lot must be large enough to accommodate the proposed use, including all design standards and functional requirements related to the use.
(B)
Setback Requirements. In an M-1 zone the following setbacks shall be the minimum required. The approval authority may require greater setbacks for uses allowed under CMC § 18.55.030, based on the approval criteria in Chapter 18.105 CMC, the base standard; however, the review body may require a greater or lesser setback based on the design review criteria set forth in this chapter:
(C)
Height of Building. No building shall exceed a height of 35 feet, unless approved by the planning commission.
(Ord. 810, 2000; Code 2000 § 11.20.75; Ord. 841 Exh. 1, 2003)
§ 18.55.060 Performance standards.
In an M-1 zone no land or structure shall be used or occupied unless there is continuing compliance with the following standards:
(A)
Design Review Approval. All design review requirements and conditions of approval, including all prior attached conditions, shall be satisfied.
(B)
Environmental Standards. All uses shall comply with the required air, land, and water quality standards set forth by all state, federal and local jurisdictions (i.e., Department of Environmental Quality, Clean Water Services, and Metro).
(1)
Vibration. No vibration other than that caused by highway vehicles or trains shall be permitted which is discernible without instruments at the property line of the use concerned.
(2)
Odors. The emission of odorous gases or matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited.
(C)
Heat and Glare.
(1)
Except for exterior lighting, operations producing heat or glare shall be conducted entirely within an enclosed structure, such that glare is not visible from a public street or adjacent property.
(2)
Exterior lighting shall be designed such that glare is directed away from public streets or adjacent properties.
(D)
Insects and Rodents. Materials including wastes shall be managed and stored, and grounds shall be maintained in a manner that will not attract or aid the propagation of insects or rodents or create a health hazard.
(E)
Outside Storage. Outside storage shall be appropriately screened consistent with CMC § 18.55.070(F)(1).
(Ord. 810, 2000; Code 2000 § 11.20.76; Ord. 841 Exh. 2, 2003)
§ 18.55.070 Development standards.
In an M-1 zone no new use or occupation of land or a structure or a new structure and no change of use of land or a structure shall be permitted unless there is continuing compliance with the following standards:
(A)
Landscape Plan.
(1)
For all uses in an M-1 zone, the first five feet of lineal street frontage on the subject site shall be landscaped (exclusive of frontage trees) prior to occupancy, in accordance with the approved site plan and the standards set forth herein.
(2)
At least 80 percent of the landscape area shall be covered by plant material, lawn, and trees when the plantings are at maturity. The remaining area may be covered in nonvegetative ground cover.
(3)
Street Trees. Street trees shall be required and shall be selected from the approved public works street tree list. The total number of trees shall be determined by dividing the total lineal footage of the site which abuts a public street by 30. The location of the trees shall be determined through design review, and the trees shall be installed in accordance with the adopted public works standards.
(4)
Installation of required landscaping may be deferred for up to six months; provided, that the owner posts with the city a cash deposit or irrevocable letter of credit assigned to the city for an amount equal to 150 percent of the estimated cost of the landscaping materials and installation by a qualified contractor.
(B)
Vehicular Access, Internal Circulation and Clear Vision Areas.
(1)
Where possible, vehicular access to industrial developments shall be from abutting arterial or collector streets, and shall be shared with adjacent properties to minimize multiple curb cuts. Access to individual lots from T.V. Highway shall be approved by ODOT with secondary access from adjacent collectors or minor local streets where possible. Except in the case of a multi-building complex, direct lot access to an arterial shall not be permitted, unless there is no viable alternative, and direct access to a local street shall only be allowed as permitted by the review body.
(2)
The minimum public street width for industrial development shall comply with Chapter 5 of the adopted public works standards.
(3)
Internal Access. All internal roadways and drives shall be paved and maintained by the owner in accordance with city standards. No entrance or exit shall be located closer than 100 feet to any intersection of a public street, unless there is no reasonable alternative. They shall have the following minimum pavement width:
(4)
Internal sidewalks or pathways shall be provided to ensure safe and convenient pedestrian circulation throughout the development.
(5)
Clear vision areas shall be provided at all roadway and driveway intersections in accordance with the vision clearance standards set forth in CMC § 18.150.070.
(C)
Access Streets – Sidewalks – Drainage.
(1)
All streets shall be designed in accordance with Chapter 5 of the adopted public works standards.
(2)
All driveways for new construction shall have minimum pavement width of 24 feet and shall not be more than 45 feet in width at the curb, unless specifically approved by the review body to meet unusual requirements of a particular use. All new driveways shall have a minimum 20-foot-long asphalt or concrete apron, measured from the internal right-of-way line. Gates at the main access driveway shall be set back at least 20 feet from the internal right-of-way line.
(3)
Cul-de-sacs shall serve no more than four separate uses and shall have a minimum turning radius of 50 feet measured to the front edge of the curb.
(4)
Sidewalks and Improvements.
(a)
For all new construction, curbs, gutters, and a minimum six-foot-wide sidewalk, with eight feet at a bus stop, shall be provided along the entire lot frontage, and shall meet ADA accessibility standards.
(b)
Site design review Type II requests for remodels, alterations and/or additions to an existing building shall require a sidewalk, if one does not exist; the driveway apron and paved driveway shall be constructed to city standards. Commercial sidewalks shall be curb tight, unless otherwise approved by the review body.
(5)
Storm drainage shall be managed through a system of underground drainage lines and catch basins, which convey storm water off the site to a public storm system, and shall comply with Clean Water Services (CWS) standards for water quality and quantity.
(D)
Lighting Streets. Streets and walkways shall be lighted during the hours of darkness in accordance with public works standards.
(E)
Mailboxes. Except for in-fill partitioning, clustered mailboxes shall be provided, consistent with the locational criteria set by the Post Master. They shall be of uniform style.
(F)
Screening.
(1)
Sight-obscuring screening shall be provided for all garbage and trash collection areas, and for any approved outdoor storage, or parking lots abutting a residential development. Such screening shall be a minimum six feet in height, and shall consist of a wall of brick, stone, or other substantial material; or a densely planted evergreen hedge and chain link fencing. Such screening shall be provided to a height sufficient to block the view of materials stored as viewed from the sidewalk on the opposite side of the street from the screen wall.
(2)
The reviewing body may require nonsight-obscuring screening and/or fencing of parking lots abutting property lines, front yards abutting a public street, or other yards abutting a residential development.
(3)
Garbage and trash collection areas shall be designed to meet the needs of all types of trash and waste collection required, including recycling, food waste, and solid waste.
(4)
The applicant shall demonstrate that the waste enclosure area is accessible by the waste service provider.
(G)
Parking and Loading Space.
(2)
Paving and Design. Off-street parking and maneuvering areas shall be paved with asphalt or concrete and designed in accordance with the standards of the off-street parking regulations of this title.
(3)
Parking Lot Landscaping. There shall be a five-foot landscaped buffer at the perimeter of all parking lot areas. The parking area shall be screened with evergreen plant material maintained at a minimum of 36 inches in height. Parking lots shall be designed and landscaped so as to break up large paved areas with landscaped islands, every 10 parking spaces.
(Ord. 810, 2000; Code 2000 § 11.20.77; Ord. 841 Exh. 2, 2003; Ord. 874 Exh. (1)(B), 2006; Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.55.080 Signs.
Signs within the M-1 zone may be allowed consistent with Chapter 18.175 CMC.
(Ord. 810, 2000; Code 2000 § 11.20.78)
§ 18.60.010 Purpose.
The central mixed use (CMU) zone supports active uses in the heart of the town center and historic city center, decreasing dependency on automobiles and creating a self-sustaining and interconnected geography with myriad services and attractions. Complementary commercial, civic, office and residential uses create a dynamic, mixed use environment. Preferred development incorporates active first-floor commercial uses with upper-story residential or office uses that increase the level of activity in the town center core, with multistory design that engages ground-floor users and passers-by while creating a sense of enclosure along the street. Building and site design function together to create a unified, inviting streetscape with attractive facades and functional design of entrances, lighting, and vehicle and bike parking areas. The CMU zone standards guide new development and redevelopment that create a walkable center focused on health and wellness, community and culture, and shopping and dining that serves the entire Cornelius community and attracts visitors from beyond the city.
(Ord. 2019-10 § 1 (Exh. A), 2019)
§ 18.60.020 Permitted uses.
The following uses and their accessory uses are permitted outright:
(A)
General retail.
(B)
Commercial amusements, including, but not limited to, pool hall, internet and video game center, dance hall or theater, when enclosed in a building.
(C)
Artisan manufacturing where a minimum of 25 percent of the floor area is devoted to retail sales or display, including, but not limited to, bakery, brewpub, specialty foods production, artisan studio such as pottery, metalwork, or jewelers.
(D)
Service commercial, including but not limited to barber, banks, laundry or dry cleaning, repair shops.
(E)
Sales, service or repair of nonmotorized sporting equipment, such as bicycles, skis, snowboards, skates, and general sporting goods, inclusive of electric bicycles and stationary exercise machines that incorporate motors such as treadmills.
(F)
Office, business, professional, medical/dental, veterinarian including indoor animal boarding.
(G)
Restaurant, eating and drinking establishments without drive-in service. May include outdoor seating areas, subject to CMC § 18.60.060(H).
(H)
Commercial lodging, including hotel, motel and bed and breakfast.
(I)
Residential dwelling units located above ground floor, with the exception that regulated affordable housing units may be located on the ground floor.
(J)
Single-family residences existing at the time of adoption. Residences may be subject to CMC § 18.135.020, Nonconforming structures.
(K)
Cultural and educational resource facilities.
(L)
Health care and social service offices.
(M)
Government structure or use including but not limited to public and private park, playground, library, museum, fire station, community center, noncommercial recreational facilities.
(O)
Outdoor display and storage, subject to CMC § 18.60.060(I).
(P)
Church, and associated church activities.
(Q)
Conversion of a hotel or motel to an emergency shelter or affordable housing.
(Ord. 2019-10 § 1 (Exh. A), 2019; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.60.030 Conditional uses permitted.
The following uses and their accessory uses are permitted when in accordance with Chapter 18.105 CMC:
(B)
Ground-floor residential dwelling units.
(C)
Repealed by Ord. 2024-03.
(D)
Certified child care center.
(E)
Commercial parking lot or garage.
(F)
Building height in excess of 60 feet with frontage on Adair or Baseline, or 45 feet anywhere else.
(G)
Outdoor display or storage in excess of the allowances in CMC § 18.60.060(I).
(Ord. 2019-10 § 1 (Exh. A), 2019; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.60.040 Prohibited uses.
Only uses specifically listed in CMC § 18.60.020 and § 18.60.030, and uses similar to these, are permitted in this district. The following uses are expressly prohibited:
(A)
Heavy industrial uses.
(B)
Self-service storage.
(C)
Automobile drive-up, drive-in and drive-through uses.
(D)
Automobile, truck, recreational vehicle storage, repair, fuel and/or sales.
(E)
Marijuana facilities.
(Ord. 2019-10 § 1 (Exh. A), 2019)
§ 18.60.045 Applicability of development and design requirements.
(A)
New buildings must meet all standards of this chapter.
(B)
Redevelopment valued at 50 percent of the building's assessed value or more or expansions of more than 50 percent of the building's gross floor area shall meet all standards for any expanded portions of the building and shall meet CMC § 18.60.060(B), (C), and (F) for the entire building.
(C)
Redevelopment valued at less than 50 percent of the building's assessed value that does not expand the gross floor area of the building by more than 10 percent shall be exempt from compliance with CMC § 18.60.060 and the expanded portion shall use materials that substantially match the originals. CMC § 18.135.020, Nonconforming structures, shall apply.
(Ord. 2019-10 § 1 (Exh. A), 2019)
§ 18.60.050 Development requirements.
(A)
Lot Size. No minimum lot size is required. All lots must be functional and meet the minimum setback and parking requirements.
(B)
Setback Requirements. For purposes of this section, the Adair or Baseline Street frontage shall be deemed the front lot line for any lots with multiple frontages that include frontage on Adair or Baseline Street.
(1)
Front Setbacks. The front building setback shall be a minimum of zero and a maximum of 10 feet, unless the setback area is developed as an enhanced setback area consistent with CMC § 18.60.060(E). No vehicular parking, storage, access or other vehicular use is permitted within the front yard setback, except for a single driveway to access an off-street parking area.
(2)
Side Setbacks. The minimum building setback at a side lot line shall be zero. The maximum street side yard setback shall be 10 feet, unless the setback area is developed as an enhanced setback area consistent with CMC § 18.60.060(E). No vehicular parking, storage, access or other vehicular use is permitted within the street side yard setback, except for a single driveway to access an off-street parking area.
(3)
Rear Setbacks. The minimum building setback at a rear lot line shall be zero.
(C)
Height of Buildings.
(1)
Buildings may be a maximum of three stories, or 40 feet in height, whichever is less; except buildings with frontage on Adair or Baseline, which can be a maximum of four stories or 60 feet in height without a conditional use permit.
(2)
Affordable housing with a 30-year affordability covenant compliant with ORS 456.270 through 456.295 as affordable to 80 percent area median income or less for each unit, or the average of the units is affordable at 60 percent area median income or less, is entitled to 150 percent of the existing density and 24 additional feet.
(3)
Buildings shall be a minimum of 16 feet in height. The minimum height is intended to maintain a sense of enclosure of the street. Single-story building shall incorporate false fronts, parapets, or other design elements that reach the minimum height along the entire length of the building.
(Ord. 2019-10 § 1 (Exh. A), 2019; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.60.060 Design requirements.
(A)
Building Frontage on Adair and Baseline. For lots with frontage on Adair or Baseline Street, buildings shall occupy the full width of the parcel's frontage on Adair or Baseline Street with a maximum front setback of zero feet, with the following exceptions:
(1)
One driveway to access an off-street parking area; and/or
(2)
A pedestrian accessway perpendicular to Adair or Baseline Street with a maximum width of 12 feet connecting Adair or Baseline Street to a rear parking area or midblock alley; and/or
(4)
A chamfered corner for a building at the intersection of two streets may be set back from the lot frontage for a maximum width of 20 feet along the lot frontage.
Figure 18.60.060-1: Minimum Building Frontage Requirements  |
(B)
Entrances and Orientation. Building entrances shall define the building's orientation toward the street. Buildings shall be oriented directly onto the Adair and Baseline Street frontages or at the corner to create a cohesive, pedestrian-oriented character along those streets.
(1)
Main Entrances. Buildings shall provide at least one main entrance facing the street; for lots with a frontage along Adair or Baseline Street, at least one main entrance shall face Adair or Baseline Street or be oriented to the corner of two streets. Main entrances shall be clearly defined and distinguished from other parts of the building by at least one of the following design elements:
(2)
Secondary Entrances. A secondary entrance must be provided along all facades facing a mid-block alley, and may be provided on any other facade.
(3)
All entrances shall be served by a direct and convenient pedestrian connection from the nearest street frontage, either by being located along the frontage or connected by a pedestrian path.
(4)
All entrances must have a light source to illuminate the entrance.
(C)
Weather Protection. Weather protection shall consist of permanent canopies, awnings or arcades; canvas or fabric awnings are not considered permanent for the purposes of this standard because of their short life span. Weather protection elements shall extend at least five feet beyond the building facade with a minimum vertical clearance of at least eight feet.
(1)
Weather protection shall be provided over at least the full width of all main building entrances on all street frontages.
(2)
Weather protection shall be provided along at least 50 percent of the building frontage for Adair and Baseline Street frontages, including weather protection provided over the main entrance.
(3)
Weather protection features may extend over the right-of-way, provided they are approved by the city engineer.
(D)
Corner Enhancements. Buildings on corners where one leg of the corner is Adair or Baseline Street shall have an entry located at the corner and include one of the following features:
(1)
Tower element, defined as an architectural feature that projects above the surrounding building, which has a separate roof structure and is uniquely identifiable from the rest of the building.
(2)
Chamfered corner with an entry on the chamfer.
(3)
Corner offset projecting from the main facade and/or incorporating distinctive materials compared to the main facade, and extending to a minimum height of one story.
(4)
Corner inset from the building face and developed as enhanced setback area consistent with subsection (E) of this section.
(5)
Accommodations or adjustment to these corner enhancement standards may be considered by the community development director in cases where public infrastructure or equipment (e.g., street light poles or utility boxes) create an impediment to accessing these corner features or entrances.
(E)
Enhanced Setback Area. All setback areas between buildings and the street allowed under subsection (A)(3) of this section shall be enhanced with the following improvements:
(1)
A paved area for use by pedestrians incorporating permanent amenities such as textured paving, planters connected to the earth and planting areas, seat walls and fences a maximum of 42 inches in height, outdoor lighting, short-term bicycle parking, kiosks, colonnades, drinking fountains, public art, etc.; or
(2)
A landscaped area incorporating ground cover and shrubs with a mature height of less than five feet to maintain visibility between buildings and the street, achieving 80 percent plant cover at maturity; or
(F)
Window Coverage.
(1)
Ground-floor facades facing Adair and Baseline Street shall incorporate a minimum 25 percent of the ground-floor wall area in transparent windows, display areas, or doorways.
(2)
Ground-floor facades facing all other public streets, excluding mid-block alleys, shall incorporate a minimum of 20 percent of the ground-floor wall area in transparent windows, display areas, or doorways.
(3)
Ground-floor windows shall include sills at the bottom; bulkheads and piers; and a storefront cornice to separate the ground floor from the second story. Window sills shall be no more than two feet above grade along facades facing Adair and Baseline Streets, except for ground-floor residential uses.
(4)
Windows, doorways and other openings along the ground-floor facade shall be arranged to prevent a blank length of wall more than 20 linear feet along any street-facing facade, excluding facades facing the mid-block alleys. A blank wall is a wall that contains no openings such as windows or doorways within the ground-floor wall area.
(5)
Upper-story windows shall be vertically proportioned and repeated at regular intervals, with window trim at least two inches wide framing the windows.
(6)
Glass curtain walls, reflective glass, and painted or darkly tinted glass shall not be used for ground-floor windows.
(G)
Facade Design.
(1)
Building Top. The building top must be distinguished from the building facade by a cornice, wall cap, or eaves provided with a pitched or overhung roof.
(2)
Building Base. Buildings of three stories or more shall incorporate features to distinguish the base of the building from the upper stories, including:
(a)
A horizontal architectural element such as a masonry string course, ledge, or band that projects or recesses from the building face and extends across the facade.
(b)
Use of distinct materials on the ground floor compared to upper stories to create a solid foundation. Ground-floor materials shall be finished concrete, stone, brick, masonry or similar as determined by the community development director as the predominant facade material.
(H)
Outdoor Seating Areas. Outdoor seating areas are encouraged to increase pedestrian activity and interest along the street.
(1)
Outdoor seating areas shall be permitted on up to 25 percent of the gross site area.
(2)
Outdoor seating areas are permitted anywhere on site, including within the enhanced setback area and the sidewalk fronting the site, as approved by the city engineer. A minimum width of six feet shall be maintained for pedestrian movement along the sidewalk.
(3)
Outdoor seating areas shall be approved through site design review.
(I)
Outdoor Display and Storage. Outdoor display of merchandise and vendors shall be permitted within the enhanced setback area and the sidewalk, as approved by the city engineer. Such outdoor display shall be limited to plants, gardening/floral products, food, books, newspapers, clothing, bicycles, and similar small items for sale or rental to pedestrians (i.e., non-automobile-oriented), and shall only be displayed during business hours. A minimum width of six feet shall be maintained for pedestrian movement along the sidewalk.
(1)
Outdoor storage outside of business hours may only be approved through a site design review, which may include conditions limiting the size and requiring screening of such storage.
(2)
Outdoor storage or display shall not exceed 10 percent of the gross site area unless approved as a conditional use.
(J)
Screening.
(1)
Sight-obscuring screening shall be provided for all garbage and trash collection areas, and for any approved outdoor storage, or parking lots abutting residential development. Such screening shall be a minimum six feet in height, and shall consist of a wall of brick, stone, or other substantial material; or a densely planted evergreen hedge and a decorative fence such as wrought-iron, or PVC or polymer covered chain link fencing. Galvanized chain link fencing shall not be permitted in new construction. Such screening shall be provided to a height sufficient to block the view of materials stored as viewed from the sidewalk on the opposite side of the street from the screen wall.
(2)
Garbage and trash collection areas shall be designed to meet the needs of all types of trash and waste collection required, including recycling, food waste, and solid waste.
(3)
The applicant shall demonstrate that the waste enclosure area is accessible by the waste service provider.
(Ord. 2019-10 § 1 (Exh. A), 2019; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.60.070 Parking.
(A)
Off-Street Parking Requirements. Off-street parking shall be provided in accordance with the standards in Chapter 18.145 CMC, as adjusted by the following provisions:
(1)
On-street parking spaces adjacent to the street frontage of a building or tenant lease space shall be counted toward meeting the minimum off-street parking requirement. Twenty-two feet of uninterrupted street frontage shall count as a single parking space, rounded down to the nearest whole number.
(2)
The minimum required off-street vehicle parking requirements in CMC § 18.145.030 shall be reduced by 25 percent for all sites.
(3)
Developments with a mix of uses are encouraged to make use of shared parking, and may utilize additional parking reductions in CMC § 18.145.020(D) in addition to the reductions in this section.
(B)
Off-street parking areas shall be located to the side or rear of the lot. No parking areas shall be located between the front of the building and the street.
(C)
Change of use of an existing commercial structure will not require additional parking to be constructed. However, construction of a new building or addition to an existing building will require the provision of off-street parking as required in CMC § 18.145.030.
(Ord. 2019-10 § 1 (Exh. A), 2019)
§ 18.60.080 Signs.
(A)
Signs within the CMU district shall conform to Chapter 18.175 CMC, and are subject to the following considerations:
(1)
All signs should be architecturally integrated with their surroundings in terms of size, shape, color, texture, and lighting so that they are complementary to the overall design of the buildings.
(2)
Signs should respect the immediate context of the building's location and the overall character of the CMU district.
(3)
Signs should enhance the primary design elements or unique architectural features of buildings.
(4)
Modification to logos and corporate identifiers may be required to fit attractively in the space provided.
(5)
Signs should be designed with the purpose of promoting commercial and street activity while enhancing the pedestrian experience.
(B)
Sign Design and Materials.
(1)
Exterior materials, finishes, and colors should be the same or similar to those of the building or structures on site.
(2)
Signs should be professionally constructed using high quality materials such as metal, stone, wood, brass plated, and exposed neon.
(3)
Wall-mounted and freestanding LED signs are prohibited.
(4)
Excessively bright colors or over-scaled letters shall not be used as a means to attract attention.
(Ord. 2019-10 § 1 (Exh. A), 2019)
§ 18.65.010 Purpose.
The corridor commercial (CC) zone serves as the gateway to the town center core, transitioning from a highway-oriented environment towards a main street character with smaller-scale businesses and attractions. Uses include commercial retail and services, along with opportunities for multi-family residential uses in a mixed use environment, civic uses including schools and parks as district anchors, and limited light industrial uses. The area is primarily defined by small, individual sites, with several large sites that connect and relate to the scale of surrounding uses. Pedestrian-scale development and streetscape standards inclusive of pedestrian and bicyclist amenities encourage users to experience the district on foot, while standards discourage automobile presence and auto-oriented uses. Development and redevelopment in this district creates a street presence along the N Adair and Baseline couplet, defined by primary entrances, building presence and landscaping. The CC zone standards guide new development and redevelopment that support active commercial and civic opportunities and an engaging street presence to welcome residents and visitors to the town center.
(Ord. 2019-10 § 1 (Exh. A), 2019)
§ 18.65.020 Permitted uses.
The following uses and their accessory uses are permitted outright:
(A)
General retail.
(B)
Indoor recreation and entertainment, including but not limited to pool hall, internet and video game center, dance hall or theater, fitness or sports facility, when enclosed in a building.
(C)
Artisan manufacturing where a minimum of 25 percent of the floor area is devoted to retail sales or display, including but not limited to bakery, brewpub, specialty foods production, or artisan studio such as pottery, metalwork, or jewelers.
(D)
Service commercial, including but not limited to barbers, banks, laundry or dry cleaning, and repair shops. Drive-up window, drive-in, or drive-through facilities in conjunction with these uses existing at the time of adoption.
(E)
Sales, service or repair of nonmotorized sporting equipment, such as bicycles, skis, snowboards, skates, and general sporting goods, inclusive of electric bicycles and stationary exercise machines that incorporate motors such as treadmills.
(F)
Automobile, truck, marine and/or motorcycle service, fueling, repair, parts sales, and including custom vehicle assembly existing at the time of adoption; provided, that all operations other than storage are conducted within an enclosed structure and storage tanks are underground.
(G)
Office, business, professional, medical/dental, veterinarian including indoor animal boarding.
(H)
Restaurant, eating and drinking establishments without drive-in service. May include outdoor seating areas, subject to CMC § 18.65.060(F).
(I)
Fast food restaurant with drive-up window, drive-in, or drive-through facilities existing at the time of adoption.
(J)
Commercial lodging, including hotel, motel and bed and breakfast.
(K)
Residential dwelling units located above ground floor or behind nonresidential uses in the interior of the site such that they are set back a minimum of 50 feet from Adair or Baseline Street, with the exception that regulated affordable housing units may be located anywhere on the site.
(L)
Single-family residences existing at the time of adoption. Residences may be subject to CMC § 18.135.020, Nonconforming structures.
(M)
Cultural and educational resource facilities.
(N)
Health care and social service offices.
(O)
Government structure or use including but not limited to public and private park, playground, library, museum, fire station, post office, community center, noncommercial recreational facilities.
(P)
Certified child care center.
(R)
Outdoor display and storage, subject to CMC § 18.65.060(G).
(S)
Church, and associated church activities.
(T)
Conversion of a hotel or motel to an emergency shelter or affordable housing.
(Ord. 2019-10 § 1 (Exh. A), 2019; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.65.030 Conditional uses permitted.
The following uses and their accessory uses are permitted when in accordance with Chapter 18.105 CMC:
(A)
Research and development.
(D)
Ground-floor residential units set back less than 50 feet from Adair or Baseline Street.
(E)
School, public or private. Nursery, primary, middle, junior or senior high, college or university.
(F)
Commercial parking lot or garage.
(G)
Building height in excess of 40 feet.
(H)
Outdoor display or storage in excess of the allowances in CMC § 18.65.060(G).
(Ord. 2019-10 § 1 (Exh. A), 2019)
§ 18.65.040 Prohibited uses.
Only uses specifically listed in CMC § 18.65.020 and § 18.65.030, and uses similar to these, are permitted in this district. The following uses are expressly prohibited:
(A)
Heavy industrial uses.
(B)
Distribution.
(C)
Warehousing.
(D)
Self-service storage.
(E)
Automobile, truck, recreational vehicle storage and/or sales.
(F)
Automobile, truck, marine and/or motorcycle service, fueling, repair, parts sales, rental, and including custom vehicle assembly.
(G)
Automobile drive-through, drive-in, or drive-up service facilities.
(H)
Marijuana facilities.
(Ord. 2019-10 § 1 (Exh. A), 2019)
§ 18.65.045 Applicability of development and design requirements.
(A)
New buildings must meet all standards of this chapter.
(B)
Redevelopment valued at 50 percent of the building's assessed value or more or expansions of more than 50 percent of the building's gross floor area shall meet all standards for any expanded portions of the building and shall meet CMC § 18.65.060(B) and (E) for the entire building.
(C)
Redevelopment valued at less than 50 percent of the building's assessed value that does not expand the gross floor area of the building by more than 10 percent shall be exempt from compliance with CMC § 18.65.060 and the expanded portion shall use materials that substantially match the originals. CMC § 18.135.020, Nonconforming structures, shall apply.
(D)
Redevelopment valued at less than 50 percent of the building's assessed value that includes expansions of existing gross floor area by 10 to 50 percent shall either:
(1)
Meet CMC § 18.65.060(B) and (E) for any expanded portions of the building; or
(2)
Use materials that substantially match the originals for any expanded portions of the building.
(Ord. 2019-10 § 1 (Exh. A), 2019)
§ 18.65.050 Development requirements.
(A)
Lot Size. No minimum lot size is required. All lots must be functional and meet the minimum setback and parking requirements.
(B)
Setback Requirements. For purposes of this section, the Adair or Baseline Street frontage shall be deemed the front lot line for any lots with multiple frontages including frontage on Adair or Baseline Street. Through lots with frontage on both Adair and Baseline Street with a lot depth greater than 225 feet at any point shall meet the front setbacks for both the Adair and Baseline Street frontages.
(1)
Front Setbacks. The front building setback shall be a minimum of zero and a maximum of 10 feet, unless the setback area is developed as an enhanced setback area consistent with CMC § 18.65.060(D). No vehicular parking, storage, access or other use is permitted within the front yard setback, except for a single driveway to access an off-street parking area.
(2)
Side Setbacks. The minimum building setback at a side lot line shall be zero. No vehicular parking, storage, access or other use is permitted within the street side yard setback, except for a single driveway to access an off-street parking area.
(3)
Rear Setbacks. The minimum building setback at a rear lot line shall be zero.
(C)
Height of Buildings.
(1)
Buildings may be a maximum of three stories, or 40 feet in height, whichever is less; except buildings with frontage on Adair or Baseline, which can be a maximum of four stories or 60 feet in height without a conditional use permit.
(2)
Affordable housing with a 30-year affordability covenant compliant with ORS 456.270 through 456.295 as affordable to 80 percent area median income or less for each unit, or the average of the units is affordable at 60 percent area median income or less, is entitled to 150 percent of the existing density and 24 additional feet.
(D)
Lot Coverage. A minimum of 10 percent of each lot, or multiple lots if developed concurrently, shall be landscaped and maintained free of buildings, pavement, or any other form of impermeable cover.
(Ord. 2019-10 § 1 (Exh. A), 2019; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.65.060 Design requirements.
(A)
Building Frontage on Adair and Baseline. For lots with frontage on Adair or Baseline Street, buildings shall occupy 50 percent of the width of the parcel's frontage on Adair or Baseline Street with a maximum front setback of zero feet. For through lots with frontage on Adair and Baseline Streets with a lot depth greater than 225 feet at any point, both frontages shall comply with this section. The following exceptions shall apply:
(B)
Entrances and Orientation. Building entrances shall define the building's orientation toward the street.
(1)
Main Entrances. Buildings shall provide at least one main entrance facing the street. For lots with a frontage along Adair or Baseline Street, at least one main entrance shall face Adair or Baseline Street or be oriented to the corner of two streets. Main entrances shall be clearly defined and distinguished from other parts of the building by at least one of the following design elements:
(a)
Recessed entry.
(b)
Entry surrounds such as arches, columns, insets and design elements above and/or flanking the entrance.
(c)
Transom windows above the entrance door.
(d)
Weather protection consisting of permanent canopies, awnings or arcades; canvas or fabric awnings are not considered permanent for the purposes of this standard because of their short life span.
(2)
Secondary Entrances. Through lots with frontage along both Adair and Baseline Streets shall provide a secondary entrance on the frontage opposite the main entrance developed consistent with subsection (B)(1) of this section. Secondary entrances may be provided on any other frontage.
(3)
All entrances shall be served by a direct and convenient pedestrian connection from the street frontage, either by being located along the frontage or connected by a pedestrian path.
(4)
All entrances must have a light source to illuminate the entrance.
(C)
Pedestrian Connectivity. All sites shall provide internal pedestrian connections between individual buildings, through parking areas, and between parking areas and buildings, linking to the street frontage. Pedestrian connections shall be direct, safe, and separated from vehicular traffic.
(D)
Enhanced Setback Area. All setback areas between buildings and the street allowed under subsection (A)(1) of this section shall be enhanced with the following improvements:
(1)
A paved area for use by pedestrians incorporating permanent amenities such as textured paving, planters connected to the earth and planting areas, seat walls and fences a maximum of 42 inches in height, outdoor lighting, short-term bicycle parking, kiosks, colonnades, drinking fountains, public art, etc.; or
(2)
A landscaped area incorporating ground cover and shrubs with a mature height of less than five feet to maintain visibility between buildings and the street, achieving 80 percent plant cover at maturity; or
(E)
Windows.
(1)
Windows, doorways and other openings along the ground-floor facade shall be arranged to prevent a blank length of wall more than 20 linear feet along any street-facing facade within 20 feet of the lot line. A blank wall is a wall that contains no openings such as windows or doorways within the ground-floor wall area.
(2)
Glass curtain walls, reflective glass, and painted or darkly tinted glass shall not be used for ground-floor windows.
(F)
Outdoor Seating Areas. Outdoor seating areas are encouraged to increase pedestrian activity and interest along the street.
(1)
Outdoor seating areas, excluding any portion located within the sidewalk, shall be permitted on up to 25 percent of the gross site area.
(2)
Outdoor seating areas are permitted anywhere on site, including within the enhanced setback area and the sidewalk fronting the site, as approved by the city engineer. A minimum width of six feet shall be maintained for pedestrian movement along the sidewalk.
(3)
Outdoor seating areas shall be approved through a site design review.
(G)
Outdoor Display and Storage.
(1)
Outdoor display of merchandise and vendors shall be permitted within the enhanced setback area and the sidewalk, as approved by the city engineer. Such outdoor display shall be limited to plants, gardening/floral products, food, books, newspapers, clothing, bicycles, and similar small items for sale or rental to pedestrians (i.e., non-automobile-oriented), and shall only be displayed during business hours. A minimum width of six feet shall be maintained for pedestrian movement along the sidewalk.
(2)
Outdoor storage outside of business hours shall only be located to the side or rear of the lot and shall not be located on the sidewalk or the enhanced setback area. Such storage may only be approved through a site design review, which may include conditions limiting the size and requiring screening of such storage.
(3)
Outdoor storage and display, excluding any portion within the sidewalk, shall not exceed 20 percent of the gross site area unless approved as a conditional use.
(H)
Screening.
(1)
Sight-obscuring screening shall be provided for all garbage and trash collection areas, and for any approved outdoor storage, or parking lots abutting residential development. Such screening shall be a minimum six feet in height, and shall consist of a wall of brick, stone, or other substantial material; or a densely planted evergreen hedge and a decorative fence such as wrought-iron, or PVC or polymer covered chain link fencing. Galvanized chain link fencing shall not be permitted on new construction. Such screening shall be provided to a height sufficient to block the view of materials stored as viewed from the sidewalk on the opposite side of the street from the screen wall.
(2)
Garbage and trash collection areas shall be designed to meet the needs of all types of trash and waste collection required, including recycling, food waste, and solid waste.
(3)
The applicant shall demonstrate that the waste enclosure area is accessible by the waste service provider.
(Ord. 2019-10 § 1 (Exh. A), 2019; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.65.070 Parking.
(A)
Off-Street Parking Requirements. Off-street parking shall be provided in accordance with the standards in Chapter 18.145 CMC, as adjusted by the following provisions:
(1)
On-street parking spaces adjacent to the street frontage of a building or tenant lease space shall be counted toward meeting the minimum off-street parking requirement. Twenty-two feet of uninterrupted street frontage shall count as a single parking space, rounded down to the nearest whole number.
(2)
The minimum required off-street vehicle parking requirements in CMC § 18.145.030 shall be reduced by 15 percent for all sites.
(3)
Developments with a mix of uses are encouraged to make use of shared parking, and may utilize additional parking reductions in CMC § 18.145.020(D) in addition to the reductions in this section.
(B)
Off-street parking areas shall be located to the side or rear of the lot. No parking areas shall be located between the front of the building and the street. For through lots with frontage along both Adair and Baseline Streets, the Adair Street frontage shall be deemed the front of the lot, except that such lots with a lot depth greater than 225 feet at any point shall treat both the Adair and Baseline Street frontages as the front of the lot.
(Ord. 2019-10 § 1 (Exh. A), 2019)
§ 18.65.080 Signs.
Signs within the CC district shall conform with Chapter 18.175 CMC.
(Ord. 2019-10 § 1 (Exh. A), 2019)
§ 18.70.010 Purpose.
The purpose of the core residential (CR) zone is to encourage a diversity of housing types in close proximity to the city's town center, creating a vibrant and walkable neighborhood through gradual infill, redevelopment, and preservation of existing homes. A mix of housing types, sizes, and prices are encouraged to reflect the existing mix of housing options and expand housing opportunities for households of all sizes, stages of life, and income levels. The neighborhood is also intended to support interspersed, small-scale commercial businesses compatible with residential use – primarily professional services with limited customer traffic.
(Ord. 2019-10 § 1 (Exh. A), 2019)
§ 18.70.020 Permitted uses.
The following uses and their accessory uses are permitted outright in the CR zone:
(A)
Detached single-unit dwellings, including manufactured homes consistent with CMC § 18.70.070 and prefabricated dwellings.
(B)
Middle housing.
(C)
Common wall single-family dwellings.
(D)
Single-family attached dwellings (i.e., townhomes).
(E)
Duplex dwellings.
(F)
Multi-unit dwellings.
(G)
Boarding, lodging or rooming house.
(H)
Residential home and residential facility, consistent with state law.
(J)
Creative spaces with secondary retail, such as art studios and galleries, subject to CMC § 18.70.080.
(K)
Accessory dwelling unit, associated with single-family detached or common wall single-family dwellings, and subject to CMC § 18.70.090.
(L)
Accessory uses and structures which are customarily and clearly incidental and subordinate to the above uses, including approved carports, garages, or storage facilities, subject to CMC § 18.150.010.
(O)
Underground public utilities.
(Ord. 2019-10 § 1 (Exh. A), 2019; Ord. 2022-03 § 1 (Exh. A), 2022)
§ 18.70.030 Conditional uses.
The following uses may be permitted when in accordance with Chapter 18.105 CMC:
(A)
Governmental structure or use including public and private park, playground, community center and noncommercial recreational facilities, golf course, swimming pool, tennis courts, fire station, library or museum.
(B)
School – Public or Private. Nursery, primary, middle, junior or senior high, college or university, including manufactured/modular structure for temporary educational purposes.
(C)
Utility substation or aboveground pumping station with no equipment storage.
(D)
A planned unit development, including office and retail sales and other mixed uses approved by the planning commission and conditional uses as provided for under Chapter 18.110 CMC.
(E)
Church, and associated church activities.
(F)
Certified child care center.
(Ord. 2019-10 § 1 (Exh. A), 2019)
§ 18.70.040 Prohibited uses.
The following uses shall be prohibited within the CR zone:
(A)
Recreational vehicles or other movable temporary dwellings used as a residence, or accessory sleeping units, except as lodging for guests not to exceed two weeks.
(B)
Manufacturing, processing, and bulk storage, except as permitted as a home occupation.
(C)
Parking and storage of construction equipment, semi-tractors and trailers.
(D)
The raising of animals other than normal household pets unless permitted through a livestock permit.
(F)
Restaurant, eating and drinking establishments, or commercial amusements, including but not limited to pool hall, internet and video game center, dance hall or theater, when enclosed in a building.
(G)
Heavy manufacturing and processing.
(H)
Freestanding wind turbines.
(I)
Marijuana facilities.
(Ord. 2019-10 § 1 (Exh. A), 2019; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.70.050 Area, density and lot requirements.
Lot area and density requirements shall be calculated based on net acreage, as defined in Chapter 18.195 CMC.
(A)
Minimum Lot Size.
HOUSING TYPE | MINIMUM LOT SIZE1 |
|---|---|
Detached single-unit dwelling and duplex | 3,100 square feet |
Triplex | 5,000 square feet |
Quadplex and cottage cluster | 7,000 square feet |
Townhouse | 1,500 square feet |
Multi-unit dwellings | 2,000 square feet per unit |
Approved nonresidential uses | None |
Notes: |
|---|
1 In the case of flag lots, the pole portion of the lot shall not count towards the required lot area. |
(B)
Density.
(1)
The minimum density allowed is eight dwellings per net acre for single-family detached dwellings, and 11 dwellings per net acre for all other dwelling types. Any land partition or subdivision shall make provisions to ensure that the minimum density is protected when further partitioning is possible and initial development is less than the minimum density.
(2)
There is no maximum density standard for this zoning district.
(C)
Maximum Height. Building height, as defined in CMC § 18.195.080, shall not exceed 35 feet, except for:
(1)
A chimney, radio, television antenna, or solar feature;
(2)
Affordable housing with a 30-year affordability covenant compliant with ORS 456.270 through 456.295 as affordable to 80 percent area median income or less for each unit, or the average of the units is affordable at 60 percent area median income or less, is entitled to 200 percent of the existing density and 12 additional feet; or
(3)
As approved by the planning commission as part of a planned unit development.
(D)
Setback Requirements. Except as provided in CMC § 18.150.010 for accessory structures, the minimum yard area setback requirements shall be as follows:
(1)
Front Yard. The front, as measured from the foundation of the structure, including porch or deck, shall not be less than 10 feet. Accessory structures, garages or carports shall not be less than 20 feet.
(2)
Rear Yard. No rear yard shall be less than 10 feet in depth as measured from the foundation of the structure.
(3)
Side Yard.
(a)
The minimum width of side yards shall be not less than five feet in width as measured from the foundation of the structure, except that common wall detached single-family dwellings and single-family attached dwellings shall not be required to have a side yard on side(s) where structures are attached.
(b)
On corner lots, the side yard facing the street shall not be less than 10 feet.
(4)
Building Separation. Buildings on the same lot shall be separated by at least six feet, subject to Oregon Residential Specialty Code and/or Oregon Structural Specialty Code requirements.
(5)
No accessory building or other structure or building shall be closer than three feet from a side or rear property line.
(E)
Lot Coverage. The area occupied by the home and all accessory buildings and structures on the lot shall not exceed 60 percent of the lot area.
(G)
Middle Housing Land Division. If a duplex, triplex, quadplex, or cottage cluster has been divided by a middle housing land division, the area, density, and lot requirements that are applicable to the lot shall apply to the middle housing primary lot, not to the middle housing secondary lot.
(Ord. 2019-10 § 1 (Exh. A), 2019; Ord. 2022-03 § 1 (Exh. A), 2022; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.70.060 Site development standards.
All multi-unit dwellings are subject to design review requirements as set forth in Chapter 18.100 CMC and are subject to a Type III site design review process as set forth in CMC § 18.100.030(C).
Detached single-unit dwellings and middle housing developments are subject to design review requirements set forth in CMC § 18.100.070 and are subject to a Type I site design review process as set forth in CMC § 18.100.030.
(A)
Landscape Plan.
(1)
For multi-family residences, the entire net area of the site that is not covered by building or parking and circulation improvements shall be landscaped prior to occupancy, in accordance with the approved site plan and the standards set forth herein.
(2)
At maturity at least 80 percent of the landscape area shall be covered by plant material, lawn, and trees when the plantings reach maturity. The remaining area may be covered in nonvegetative ground cover.
(3)
Street Trees. Street trees shall be required and must comply with current public works standards.
(4)
Installation of required landscaping may be deferred for up to six months with written approval by the community development director; provided, that the owner posts with the city a cash deposit or irrevocable letter of credit assigned to the city for an amount equal to 150 percent of the estimated cost of the landscaping materials and installation by a qualified contractor.
(5)
All landscaped areas shall comply with vision clearance standards set forth below.
(B)
Vehicular Access, Internal Circulation and Clear Vision Areas.
(1)
Where possible, vehicular access to residential subdivisions shall be from abutting arterial or collector streets. Access to individual lots shall be primarily from local streets or alleyways when the alleyway is developed to current public works standards. Direct lot access to arterials or collector streets shall not be permitted, unless there is no alternative as determined by the city engineer.
(2)
The minimum public street width shall comply with the standards and design identified in CMC § 18.143.040, Street design cross-sections per transportation system plan.
(3)
Internal Access. All internal roadways and drives shall be paved and maintained by the owner in accordance with city standards. No entrance or exit shall be located closer than 100 feet to any intersection of a public street, unless there is no reasonable alternative, as determined by the city engineer. They shall have the following minimum unobstructed pavement width:
(4)
Internal sidewalks or pathways shall be provided to ensure safe and convenient pedestrian circulation throughout the development.
(5)
Clear vision areas shall be provided at all roadway and driveway intersections in accordance with the vision clearance standards set forth in CMC § 18.150.070.
(C)
Access Streets, Sidewalks, and Drainage.
(1)
All streets shall be designed in accordance with standards set forth in Chapter 18.143 CMC, Transportation Facilities, and the subdivision code.
(2)
All driveways for new construction shall have minimum pavement width of 12 feet and shall not be more than 25 feet in width at the curb. Each driveway shall have a concrete curb apron designed to comply with public works standards, and not more than two lots may be served by one shared driveway.
(3)
For all new construction except accessory dwelling units, curbs, gutters, landscape strip, and a sidewalk subject to public works standards shall be provided along the entire lot frontage and shall meet ADA accessibility standards. In the case of remodels or garage additions to an existing house, no sidewalk shall be required if one does not exist, but the driveway apron and paved driveway shall be required. However, a curb tight sidewalk may be approved by the city engineer when it is impractical to provide the offset.
(4)
Storm drainage shall meet current public works design standards and shall comply with Clean Water Services (CWS) standards for water quality and quantity.
(D)
Lighting Streets. Streets and walkways shall be lighted during the hours of darkness in accordance with public works standards.
(E)
Mailboxes. Multi-family developments with five or more units shall provide clustered mailboxes, consistent with the locational criteria set by the postmaster. They shall be of uniform style.
(F)
Screening. Multi-family developments with five or more units shall provide the following types of screening:
(1)
Sight-obscuring screening shall be provided for all garbage and trash collection areas, approved outdoor storage, and parking lots abutting a low density residential development. Such screening shall be six feet in height, and shall consist of a wall of brick, stone, or other substantial material, or a densely planted evergreen hedge and chain link fence.
(2)
The review body may require non-sight-obscuring screening and/or fencing of parking lots abutting property lines, front yards abutting a public street, or other yards abutting a low density residential development.
(3)
Garbage and trash collection areas shall be designed to meet the needs of all types of trash and waste collection required, including recycling and solid waste.
(4)
The applicant shall demonstrate that the waste enclosure area is accessible by the waste service provider.
(G)
Parking and Loading Space.
(1)
Off-Street Parking.
(a)
Resident. One covered parking space shall be provided for each dwelling unit either on the individual lot or in an off-street parking bay within 100 feet from the dwelling being served.
(b)
Storage of Recreational Vehicles. Recreational vehicles, such as camping trailers, boats, campers, motor homes, and other such vehicles shall only be parked or stored within an area fully on private property, and shall not be located in the public right-of-way.
(2)
Paving and Design. Off-street parking and maneuvering areas shall be paved with asphalt or concrete and designed in accordance with the standards of the off-street parking regulations of Chapter 18.145 CMC.
(3)
Parking Lot Landscaping. For multi-family developments with five or more units, and all commercial development, there shall be a five-foot landscaped buffer at the perimeter of all parking lot areas. Parking lots shall be designed and landscaped so as to break up large paved areas with landscaped islands, such as every 10 spaces. See CMC § 18.145.050.
(H)
On each home site, or on each individual dwelling within a complex, an address number of the home shall be provided in a manner that is clearly visible from the street, as approved by the fire department.
(I)
Middle Housing Land Division. If a duplex, triplex, quadplex, or cottage cluster has been divided by a middle housing land division, the site development standards that are applicable to the lot shall apply to the middle housing primary lot, not to the middle housing secondary lot.
(Ord. 2019-10 § 1 (Exh. A), 2019; Ord. 2022-03 § 1 (Exh. A), 2022; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.70.070 Manufactured housing on individual lots.
All manufactured homes on individual lots within the CR zone shall:
(A)
Comply with all federal, state and local building codes for placement, occupation and storage.
(B)
Repealed by Ord. 2022-03.
(C)
Repealed by Ord. 2022-03.
(D)
Be certified by the manufacturer to have an exterior thermal envelope meeting performance standards required of site-built single-family construction under the State Building Code (1981) as defined by ORS 455.010.
(E)
Have at least one off-street parking space.
(Ord. 2019-10 § 1 (Exh. A), 2019; Ord. 2022-03 § 1 (Exh. A), 2022)
§ 18.70.080 Commercial use standards.
(A)
Commercial uses permitted in CMC § 18.70.020(H) and (I) shall comply with the following:
(1)
In order to maintain the existing form and character of the district, such uses must be located within a structure existing as of December 4, 2019.
(2)
No outdoor storage or display of merchandise is permitted that can be seen from the street or sidewalk adjacent to the property.
(3)
No off-street parking is required.
(Ord. 2019-10 § 1 (Exh. A), 2019)
§ 18.70.090 Accessory dwellings.
Accessory dwellings shall comply with the following:
(A)
Up to two accessory dwellings may be created per single-family dwelling, including single-family detached dwellings, single-family common wall dwellings, single-family attached dwellings, or single manufactured homes.
(B)
Each accessory dwelling shall not exceed 800 square feet, or 60 percent of the total floor area of the primary dwelling, whichever is less.
(C)
All height, setback, and coverage requirements of the base zone shall be met, and the unit shall comply with the fire and life safety codes. Additionally, conversion of an existing legal, nonconforming structure to an accessory dwelling is allowed; provided, that the conversion does not increase the nonconformity.
(D)
No off-street parking is required for an accessory dwelling. If off-street parking is provided, no new curb cuts shall be permitted for an accessory dwelling, except on corner lots where a new curb cut will be allowed on the street frontage having no existing curb cut. New curb cuts shall be allowed only on local streets.
(E)
Each accessory dwelling shall have a separate entrance from the primary dwelling; however, the entrance shall not be located on the front of the existing dwelling.
(F)
All ADUs shall have a separate street address, visible from the abutting street frontage and clearly identifying the site location of the ADU.
(Ord. 2019-10 § 1 (Exh. A), 2019; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.75.010 Purpose.
The gateway mixed use (GMU) zone serves as the eastern anchor for the city's commercial core, with larger-format commercial, office, and residential opportunities in a mixed use environment. Uses include commercial retail and services, offices and employment opportunities, and multi-family residential uses, connected by open spaces, landscaping, and parks. The district welcomes users arriving by vehicle, bicycle, transit, and on foot by accommodating multiple modes of access and providing cross-circulation within the district through a mix of public and private streets, sidewalks, pathways, and connections. Development and redevelopment of the large lots that comprise this district is coordinated to create a cohesive, integrated form of development. Building presence, facade design, and building entrances are emphasized along the Baseline Street, N 19th/20th Avenue, N 26th Avenue, and future N Davis Street frontages to create a welcoming face for the district, with building height limited around the perimeter and concentrated in the interior of the district to increase compatibility with neighboring development. Landscaping, open space, and graduated height transition along the northern perimeter of the district create a low-impact, welcoming interface with the future Council Creek Regional Trail. The GMU zone standards support development of a mixed use district that meets city and regional needs for commercial, employment, and residential opportunities.
(Ord. 2019-10 § 1 (Exh. A), 2019)
§ 18.75.020 Permitted uses.
The following uses and their accessory uses are permitted outright:
(A)
General retail.
(B)
Indoor recreation and entertainment, including but not limited to pool hall, internet and video game center, dance hall or theater, fitness or sports facility, when enclosed in a building.
(C)
Service commercial, including but not limited to barbers, banks, laundry, or dry cleaning. Drive-up window, drive-in, or drive-through facilities in conjunction with these uses.
(D)
Sales, service or repair of nonmotorized sporting equipment, such as bicycles, skis, snowboards, skates, and general sporting goods, inclusive of electric bicycles and stationary exercise machines that incorporate motors such as treadmills.
(E)
Office, business, professional, medical/dental, or veterinarian.
(F)
Restaurant, eating and drinking establishments. May include drive-up window, drive-in, or drive-through facilities. May include outdoor seating areas, subject to CMC § 18.75.060(G).
(G)
Commercial lodging, including hotel or motel.
(J)
Theatrical arts or cultural performance center.
(K)
Health care and social service offices.
(L)
Certified child care center.
(N)
Outdoor display and storage, subject to CMC § 18.75.060(H).
(O)
Churches, and associated church activities.
(P)
Conversion of a hotel or motel to an emergency shelter or affordable housing.
(Ord. 2019-10 § 1 (Exh. A), 2019; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.75.030 Conditional uses permitted.
The following uses and their accessory uses are permitted when in accordance with Chapter 18.105 CMC:
(A)
Research and development.
(C)
Government structure or use including but not limited to public and private park, playground, library, museum, fire station, post office, community center, noncommercial recreational facilities.
(E)
Service stations and fuel distribution, provided storage tanks are underground.
(F)
Aboveground utility yard.
(G)
Commercial parking lot or garage.
(H)
Building height in excess of 45 feet, subject to CMC § 18.75.050(C)(2).
(I)
Outdoor display or storage in excess of the allowances in CMC § 18.75.060(H).
(Ord. 2019-10 § 1 (Exh. A), 2019)
§ 18.75.040 Prohibited uses.
Only uses specifically listed in CMC § 18.75.020 and § 18.75.030, and uses similar to these, are permitted in this district. The following uses are expressly prohibited:
(A)
Heavy industrial uses.
(B)
Distribution.
(C)
Warehousing.
(D)
Self-service storage.
(E)
Large machinery or farm equipment sales, service or rental.
(F)
Marijuana facility.
(G)
Single-family detached residential.
(Ord. 2019-10 § 1 (Exh. A), 2019)
§ 18.75.045 Applicability of development and design requirements.
(A)
New buildings must meet all standards of this chapter.
(B)
Redevelopment valued at 50 percent of the building's assessed value or more or expansions of more than 50 percent of the building's gross floor area shall meet all standards for any expanded portions of the building and shall meet CMC § 18.75.060(B) and (E) for the entire building.
(C)
Redevelopment valued at less than 50 percent of the building's assessed value that does not expand the gross floor area of the building by more than 10 percent shall be exempt from compliance with CMC § 18.75.060 and the expanded portion shall use materials that substantially match the originals. CMC § 18.135.020, Nonconforming structures, shall apply.
(D)
Redevelopment valued at less than 50 percent of the building's assessed value that includes expansions of existing gross floor area by 10 to 50 percent shall either:
(1)
Meet CMC § 18.75.060(B) and (E) for any expanded portions of the building; or
(2)
Use materials that substantially match the originals for any expanded portions of the building.
(Ord. 2019-10 § 1 (Exh. A), 2019)
§ 18.75.050 Development requirements.
(A)
Lot Size. No minimum lot size is required. All lots must be functional and meet the minimum setback and parking requirements.
(B)
Setback Requirements. For purposes of this section, the frontage with the higher street classification shall be deemed the front lot line for any lots with multiple frontages.
(1)
Front Setbacks. The front building setback shall be a minimum of zero and a maximum of 10 feet, unless the setback area is developed as an enhanced setback area consistent with CMC § 18.75.060(D). No vehicular parking, storage, access or other use is permitted within the front yard setback, except for a single driveway to access an off-street parking area.
(2)
Side Setbacks. The minimum building setback at a side lot line shall be zero. No vehicular parking, storage, access or other use is permitted within the street side yard setback, except for a single driveway to access an off-street parking area.
(3)
Rear Setbacks. The minimum building setback at a rear lot line shall be zero.
(4)
Clear vision areas shall be maintained at all intersections.
(C)
Height of Buildings.
(1)
Buildings shall be a maximum of three stories or 45 feet in height, whichever is less;
(2)
Affordable housing with a 30-year affordability covenant compliant with ORS 456.270 through 456.295 as affordable to 80 percent area median income or less for each unit, or the average of the units is affordable at 60 percent area median income or less, is entitled to 150 percent of the existing density and 24 additional feet;
(3)
Building height may be increased to a maximum of four stories or 60 feet in height, whichever is less, for buildings or portions of buildings set back at least 30 feet from the eastern, western, or southern perimeters of the district, and set back at least 120 feet from the northern perimeter of the district, if approved as a conditional use consistent with Chapter 18.05 CMC.
(D)
Lot Coverage. A minimum of 10 percent of each lot, or multiple lots if developed concurrently, shall be landscaped and maintained free of buildings, pavement, or any other form of impermeable cover.
(Ord. 2019-10 § 1 (Exh. A), 2019; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.75.060 Design requirements.
(A)
Building Frontage on Major Streets. For lots with frontage on Baseline Street, Davis Street, N 19th/20th Avenue or N 26th Avenue, buildings shall occupy 50 percent of the width of the parcel's frontage on these major streets with a maximum front setback of zero feet. The following exceptions shall apply:
(B)
Entrances and Orientation. Building entrances shall define the building's orientation toward the street. Buildings shall be oriented with regard to creating visual exposure from both the highway and from within the district and other uses, through consideration of location, design and relationship of entry doors, pedestrian access and vehicular circulation that does not create significant conflicts with pedestrian circulation, and loading docks, etc. Buildings may need to be designed with multiple fronts, much like occurs on corner lots where exposure to the building is from more than one street.
(1)
Main Entrances. Buildings shall provide at least one main entrance facing the street. For lots with a frontage along Baseline Street, Davis Street, N 19th/20th Avenue or N 26th Avenue, at least one main entrance shall face these major streets or be oriented to the corner of two streets. Main entrances shall be clearly defined and distinguished from other parts of the building by at least one of the following design elements:
(a)
Recessed entry.
(b)
Entry surrounds such as arches, columns, insets and design elements above and/or flanking the entrance.
(c)
Transom windows above the entrance door.
(d)
Weather protection consisting of permanent canopies, awnings, or arcades; canvas or fabric awnings are not considered permanent for the purposes of this standard because of their short life span.
(2)
Secondary Entrances. Secondary entrances shall be provided for buildings with multiple fronts, to provide direct and convenient entrances for users arriving via all modes of transportation.
(3)
All entrances shall be served by a direct and convenient pedestrian connection to the street sidewalk and/or internal pathway system.
(4)
All entrances must have a light source to illuminate the entrance.
(C)
Pedestrian Connectivity. All sites shall provide internal pedestrian connections between individual buildings, through parking areas, and between parking areas and buildings, linking to the nearest street and/or transit stop. Pedestrian connections shall be direct, safe, and separated from vehicular traffic. Pedestrian pathways shall also be coordinated within the district to connect uses and buildings.
(D)
Enhanced Setback Area. All setback areas between buildings and the street allowed under subsection (A)(1) of this section shall be enhanced with the following improvements:
(1)
A paved area for use by pedestrians incorporating permanent amenities such as textured paving, planters connected to the earth and planting areas, seat walls and fences a maximum of 42 inches in height, outdoor lighting, short-term bicycle parking, kiosks, colonnades, drinking fountains, public art, etc.; or
(2)
A landscaped area incorporating ground cover and shrubs with a mature height of less than five feet to maintain visibility between buildings and the street, achieving 80 percent plant cover at maturity; or
(E)
Windows.
(1)
Windows, doorways and other openings along the ground-floor facade shall be arranged to prevent a blank length of wall more than 20 linear feet along any facade facing a public street, off-street parking area, open space or public park, or internal pathway system. A blank wall is a wall that contains no openings such as windows or doorways within the ground-floor wall area.
(2)
Glass curtain walls, reflective glass, and painted or darkly tinted glass shall not be used for ground-floor windows.
(F)
Facade Design.
(1)
Building Top. The building top must be distinguished from the building facade by a cornice, wall cap, or eaves provided with a pitched or overhung roof.
(2)
Building Base. Buildings of three stories or more shall incorporate features to distinguish the base of the building from the upper stories, including:
(a)
A horizontal architectural element such as a masonry string course, ledge, or band that projects or recesses from the building face and extends across the facade.
(b)
Use of distinct materials on the ground floor compared to upper stories to create a solid foundation. Ground-floor materials shall be finished concrete, stone, brick, masonry or similar as determined by the community development director as the predominant facade material.
(G)
Outdoor Seating Areas. Outdoor seating areas are encouraged to increase pedestrian activity and interest along the street.
(1)
Outdoor seating areas, excluding any portion located within the sidewalk, shall be permitted on up to 25 percent of the gross site area.
(2)
Outdoor seating areas are permitted anywhere on site, including within the enhanced setback area and the sidewalk fronting the site, as approved by the city engineer, and the Oregon Department of Transportation in cases where the Baseline Street right-of-way is affected. A minimum width of six feet shall be maintained for pedestrian movement along the sidewalk.
(3)
Outdoor seating areas shall be approved through a site design review.
(H)
Outdoor Display and Storage.
(1)
Outdoor display of merchandise and vendors shall be permitted within the enhanced setback area and the sidewalk, as approved by the city engineer, and the Oregon Department of Transportation in cases where the Baseline Street right-of-way is affected. Such outdoor display shall be limited to plants, gardening/floral products, food, books, newspapers, clothing, bicycles, and similar small items for sale or rental to pedestrians (i.e., non-automobile-oriented), and shall only be displayed during business hours. A minimum width of six feet shall be maintained for pedestrian movement along the sidewalk.
(2)
Outdoor storage outside of business hours shall only be located to the side or rear of the lot and shall not be located on the sidewalk or the enhanced setback area. Such storage may only be approved through a site design review, which may include conditions limiting the size and requiring screening of such storage.
(3)
Outdoor storage and display, excluding any portion within the sidewalk, shall not exceed 20 percent of the gross site area unless approved as a conditional use.
(I)
Screening.
(1)
Screening shall be required to buffer commercial, employment and residential uses, including associated parking areas, from exposed outdoor storage areas, aboveground utility yards, and abutting properties zoned for industrial use. Screen shall consist of a 10-foot landscaped buffer at least six feet in height at the time of maturity, with one row of evergreen trees planted 25 feet on center and shrubs every five feet on center, or as otherwise determined appropriate by the planning commission consistent with the intent of this screening.
(2)
Sight-obscuring screening shall be provided for all garbage and trash collection areas, and for any approved outdoor storage, or parking lots abutting residential development. Such screening shall be a minimum six feet in height, and shall consist of a wall of brick, stone, or other substantial material; or a densely planted evergreen hedge and a decorative fence such as wrought-iron, or PVC or polymer covered chain link fencing. Galvanized chain link fencing shall not be permitted on new construction. Such screening shall be provided to a height sufficient to block the view of materials stored as viewed from the sidewalk on the opposite side of the street from the screen wall.
(3)
Garbage and trash collection areas shall be designed to meet the needs of all types of trash and waste collection required, including recycling, food waste, and solid waste.
(4)
The applicant shall demonstrate that the waste enclosure area is accessible by the waste service provider.
(J)
Landscaping. A minimum of 10 percent of each lot, or multiple lots if developed concurrently, shall be landscaped and maintained free of buildings, pavement, or any other form of impermeable cover.
(1)
All landscaped areas shall be planted with at least an 80 percent plant cover at maturity. Large areas of bark dust or other nonliving vegetative ground covers shall be avoided.
(2)
The elements of landscaping include all forms of planting and vegetation, all adjustments, refinements, or designed developments in ground forms, rock groupings, or water patterns or features, all construction other than completely enclosed buildings or primarily utilitarian engineering structures such as retaining walls. Particular attention shall be given to providing walkways, patios or plazas that create linkages between buildings, uses and activity areas. These are all elements used to develop and refine space between, around, or within buildings and pedestrian and vehicular circulation elements.
(3)
Landscaping should be used to separate and buffer parking areas from pedestrian areas, and to accentuate building design and entrances. Landscaping is intended to provide visual relief, buffering from vehicles for pedestrian and bikeways, and accent or framing of buildings, plazas and other activity areas.
(4)
Landscaping should be incorporated into plazas and courtyards to provide common spaces serving the development. Uses and buildings should be clustered around these common spaces whenever possible, with entries oriented to these spaces.
(5)
All vegetative landscaping shall be maintained with a functioning irrigation system.
(K)
Trail Corridor Landscaping. A 30-foot-wide landscaping buffer is required along the northern property line abutting the ODOT Rail/future Council Creek Regional Trail corridor to soften the transition between development and the trail.
(1)
The landscaping buffer area shall meet the requirements of and count towards the minimum percentage required in subsection (J) of this section, except that paved pedestrian and bikeways may be integrated into the buffer area.
(2)
Fences within the landscaping buffer area shall not exceed 42 inches in height unless approved as a conditional use consistent with Chapter 18.105 CMC and the applicant demonstrates that they are necessary for security purposes.
(3)
A landscaping buffer is not required between the trail corridor and any public park or common open space; provided, that the park or open space is a minimum of 30 feet wide.
(L)
Residential Open Space. Vertical mixed use developments containing 20 or more residential units shall provide at least 100 square feet of open recreational space per unit provided in common open space. Such space will be considered part of the landscaping required by subsection (J) of this section, but must be designed in a manner that affords residents usable open area. Streets, access drives and parking lots shall not be considered open space. Open space must be a usable open recreational area, and may include a club house or indoor recreation facility. All outdoor area shall be landscaped and maintained by the owner, or a homeowners' association, according to the approved development plans, unless the open space is dedicated to and accepted by the city as a public park.
(M)
Lighting. Adequate exterior lighting shall be provided to promote public safety, to illuminate pedestrian pathways and parking areas, and shall be designed to avoid unnecessary or undesirable glare into the street or upon other properties, particularly those outside of the district.
(Ord. 2019-10 § 1 (Exh. A), 2019; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.75.065 Residential requirements.
In lieu of compliance with CMC § 18.75.050, § 18.75.060 and § 18.75.070, ground-floor residential uses shall comply with the standards of this section. Upper-story residential uses in a vertical mixed use building shall not be subject to this section.
(A)
Location of Residential Uses. Ground-floor residential uses are limited to a percentage of the total site area based on the three subdistricts shown in Figure 18.75.065-1.
(1)
In subdistrict A, up to 100 percent of a lot or multiple lots if developed concurrently may be developed as ground-floor residential uses, including parking to serve residential uses.
(2)
In subdistrict B, a range of residential and commercial uses may be allowed in a mix from 100 percent residential to 100 percent commercial, or any intervening ratio, at the request of the applicant, based on market conditions.
(3)
In subdistrict C, no ground floor residential uses are permitted.
Figure 18.75.065-1: GMU Subdistricts  |
(B)
Location of Single-Family Attached Residential Uses. Single-family attached residential uses (townhouses) shall only be permitted within subdistrict A. In subdistrict A, up to 50 percent of a lot or multiple lots if developed concurrently may be developed as single-family attached residential uses, including parking, infrastructure, and open space to serve those uses.
(C)
Minimum density for ground-floor residential uses is 18 units per net acre. There is no maximum density.
(D)
Open Space. Within residential developments containing 20 or more lots or units there shall be at least 150 square feet of open recreational space per unit provided in common open space. Such space will be considered part of the required landscaping, but must be designed in a manner that affords residents usable open area. Streets, access drives and parking lots shall not be considered open space. Open space must be a usable open recreational area, and may include a club house or indoor recreation facility. All outdoor area shall be landscaped and maintained by the owner, or a homeowners' association, according to the approved development plans, unless the open space is dedicated to and accepted by the city as a public park.
(E)
Landscaping. A minimum of 15 percent of each lot, or multiple lots if developed concurrently, shall be landscaped and maintained free of buildings, pavement, or any other form of impermeable cover. Open space designed to meet the requirements of subsection (D) of this section may be counted towards the required landscaping.
(1)
All landscaped areas shall be planted with at least an 80 percent plant cover at maturity. Large areas of bark dust or other nonliving vegetative ground covers shall be avoided.
(2)
The elements of landscaping include all forms of planting and vegetation, all adjustments, refinements, or designed developments in ground forms, rock groupings, or water patterns or features, all construction other than completely enclosed buildings or primarily utilitarian engineering structures such as retaining walls. Particular attention shall be given to providing walkways, patios or plazas that create linkages between buildings, uses and activity areas. These are all elements used to develop and refine space between, around, or within buildings and pedestrian and vehicular circulation elements.
(3)
Landscaping should be used to separate and buffer parking areas from pedestrian areas, and to accentuate building design and entrances. Landscaping is intended to provide visual relief, buffering from vehicles for pedestrian and bikeways, and accent or framing of buildings, plazas and other activity areas.
(4)
Landscaping should be incorporated into plazas and courtyards to provide common spaces serving the development. Uses and buildings should be clustered around these common spaces whenever possible, with entries oriented to these spaces.
(5)
All vegetative landscaping shall be maintained with a functioning irrigation system.
(F)
Trail Corridor Landscaping. A 30-foot-wide landscaping buffer is required along the northern property line abutting the future Council Creek Regional Trail corridor to soften the transition between development and the trail.
(1)
The landscaping buffer area shall meet the requirements of and count towards the minimum percentage required in CMC § 18.75.060(J), except that paved pedestrian and bikeways may be integrated into the buffer area.
(2)
The landscaping buffer may incorporate both common open space and private yard space associated with individual residential lots. Private yard space may not exceed 15 feet wide out of the 30-foot-wide required buffer.
(3)
Fences within the landscaping buffer area shall not exceed 42 inches in height unless approved as a conditional use consistent with Chapter 18.105 CMC and the applicant demonstrates that they are necessary for security purposes.
(4)
A landscaping buffer is not required between the trail corridor and any public park or common open space; provided, that the park or open space is a minimum of 30 feet wide.
(G)
Multi-family development shall comply with the following dimensional standards:
(1)
The minimum lot size shall be 10,000 square feet.
(2)
The minimum lot width shall be 30 feet.
(3)
The maximum height shall be three stories or 45 feet in height, whichever is less. Building height may be increased to a maximum of four stories or 60 feet in height, whichever is less, for buildings or portions of buildings set back at least 30 feet from the eastern, western, and southern perimeters of the district, and set back at least 120 feet from the northern perimeter of the district, if approved as a conditional use consistent with Chapter 18.105 CMC.
(4)
Front Yard. The front, as measured from the foundation of the structure, including porch or deck, shall not be less than five feet. Accessory structures, garages or carports shall not be less than 20 feet.
(5)
Rear Yard. No rear yard shall be less than 10 feet in depth as measured from the foundation of the structure.
(6)
Side Yard. The minimum width of side yards shall be not less than five feet in width as measured from the foundation of the structure.
(7)
Building Separation. Buildings within a complex shall be separated by at least six feet, subject to Oregon Residential Specialty Code and/or Oregon Structural Specialty Code requirements.
(H)
Single-family attached dwellings on individual lots shall comply with the following dimensional standards:
(1)
The minimum lot size shall be 2,000 square feet.
(2)
The minimum lot width shall be 20 feet.
(3)
The maximum height shall be 35 feet.
(4)
Front Yard. The front, as measured from the foundation of the structure, including porch or deck, shall not be less than five feet. Accessory structures, garages or carports shall not be less than 20 feet.
(5)
Rear Yard. No rear yard shall be less than 10 feet in depth as measured from the foundation of the structure.
(6)
Side Yard. The minimum width of side yards shall be not less than five feet in width as measured from the foundation of the structure, except that no side yard is required on side(s) where structures are attached.
(I)
Vehicular Access, Internal Circulation and Clear Vision Areas.
(1)
Where possible, vehicular access to residential subdivisions shall be from abutting arterial or collector streets. Access to individual lots shall be primarily from local streets or alleyways when the alleyway is developed to current public works standards. Direct lot access to arterials or collector streets shall not be permitted, unless there is no alternative as determined by the city engineer.
(2)
The minimum public street width shall comply with the standards and design identified in CMC § 18.143.040, Street design cross-sections per transportation system plan.
(3)
Internal Access. All internal roadways and drives shall be paved and maintained by the owner in accordance with city standards. No entrance or exit shall be located closer than 100 feet to any intersection of a public street, unless there is no reasonable alternative as determined by the city engineer. They shall have the following minimum unobstructed pavement width:
(4)
Internal sidewalks or pathways shall be provided to ensure safe and convenient pedestrian circulation throughout the development.
(5)
Clear vision areas shall be provided at all roadway and driveway intersections in accordance with the vision clearance standards set forth in CMC § 18.150.070.
(J)
Access Streets, Sidewalks, and Drainage.
(1)
All streets shall be designed in accordance with standards set forth in Chapter 18.143 CMC, Transportation Facilities, and the subdivision code.
(2)
All driveways for new construction shall have minimum pavement width of 12 feet and shall not be more than 25 feet in width at the curb. Each driveway shall have a concrete curb apron designed to comply with public works standards, and not more than two residential lots may be served by one shared driveway.
(3)
For all new construction, curbs, gutters, and a sidewalk subject to public works standards, offset from the curb, shall be provided along the entire lot frontage and shall meet ADA accessibility standards. In the case of remodels or garage additions to an existing use, no sidewalk shall be required if one does not exist, but the driveway apron and paved driveway shall be required. However, a curb tight sidewalk may be approved by the city engineer when it is impractical to provide the offset.
(4)
Storm drainage shall meet current public works standards and shall comply with Clean Water Services (CWS) standards for water quality and quantity.
(K)
Lighting Streets. Streets and walkways shall be lighted during the hours of darkness in accordance with public works standards.
(L)
Mailboxes. Single-family attached and multi-family developments with five or more units shall provide clustered mailboxes, consistent with the locational criteria set by the postmaster. They shall be of uniform style.
(M)
Screening. Multi-family developments with five or more units shall provide the following types of screening:
(1)
Sight-obscuring screening shall be provided for all garbage and trash collection areas, approved outdoor storage, and parking lots abutting a low density residential development. Such screening shall be six feet in height, and shall consist of a wall of brick, stone, or other substantial material, or a densely planted evergreen hedge and chain link fence.
(2)
The review body may require non-sight-obscuring screening and/or fencing of parking lots abutting property lines, front yards abutting a public street, or other yards abutting a low density residential development.
(N)
Off-Street Parking Requirements. Off-street parking shall be provided in accordance with the standards in Chapter 18.145 CMC, as adjusted by the following provisions:
(1)
Off-Street Parking.
(a)
Resident. One covered parking space shall be provided for each dwelling unit either on the individual lot or in an off-street parking bay within 100 feet from the lot being served.
(b)
Storage of Recreational Vehicles. Recreational vehicles, such as camping trailers, boats, campers, motor homes, and other such vehicles shall only be parked or stored within an area fully on private property, and shall not be located in the public right-of-way.
(2)
Paving and Design. Off-street parking and maneuvering areas shall be paved with asphalt or concrete and designed in accordance with the standards of the off-street parking regulations of Chapter 18.145 CMC.
(3)
Parking Lot Landscaping. For multi-family developments with five or more units, and all commercial development, there shall be a five-foot landscaped buffer at the perimeter of all parking lot areas. Parking lots shall be designed and landscaped so as to break up large paved areas with landscaped islands, such as every 10 spaces. See CMC § 18.145.050.
(4)
Parking Lot Location. For multi-family developments with five or more units, off-street parking areas shall be located to the side or rear of individual lots and/or buildings. No parking areas shall be located between the front of a building and a public street or primary access road.
(O)
On each home site, or on each individual dwelling within a complex, an address number of the home shall be provided in a manner that is clearly visible from the street, as approved by the fire department.
(Ord. 2019-10 § 1 (Exh. A), 2019; Ord. 2024-03 § 1 (Exh. A), 2024)
§ 18.75.070 Parking and access.
(A)
Off-Street Parking Requirements. Off-street parking shall be provided in accordance with the standards in Chapter 18.145 CMC, as adjusted by the following provisions:
(1)
On-street parking spaces adjacent to the street frontage of a building or tenant lease space shall be counted toward meeting the minimum off-street parking requirement. Twenty-two feet of uninterrupted street frontage shall count as a single parking space, rounded down to the nearest whole number.
(2)
Shared parking is encouraged in this mixed use district. In lieu of CMC § 18.145.020(D), applicants may propose to reduce the minimum required off-street vehicle parking requirements in CMC § 18.145.030 by up to 25 percent if they can demonstrate that overlapping use patterns and peak hours of demand will reduce the parking needs for the development.
(B)
Off-street parking areas shall be located to the side or rear of individual lots and/or buildings. No parking areas shall be located between the front of a building and a public street or primary access road.
(C)
Access.
(1)
Direct access to the highway will be discouraged with consolidation of access points encouraged. Wherever possible, access is to be provided through internal connections rather than by curb cuts to the highway, with primary access points located at the signalized intersections with the highway and all highway access coordinated with ODOT.
(2)
Transit access to and within the district is a priority. Direct pedestrian linkages from transit stops to store entries must be provided which may require multiple entry points to buildings.
(Ord. 2019-10 § 1 (Exh. A), 2019)
§ 18.75.080 Signs.
Signs within the GMU district shall conform with Chapter 18.175 CMC.
(Ord. 2019-10 § 1 (Exh. A), 2019)
§ 18.90.010 Purpose.
(A)
The city of Cornelius has the primary responsibility for planning, adoption, and enforcement of land use regulations to accomplish proper management of special flood hazard areas within the city limits.
(B)
It is the purpose of the FP zone to promote the public health, safety and general welfare and to minimize public and private losses or damages due to flood conditions in specific areas by provisions designed to:
(1)
Protect human life and health;
(2)
Minimize expenditure of public money for costly flood control projects;
(3)
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the public;
(4)
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazards;
(5)
Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard;
(6)
Ensure that potential buyers are notified that property is in an area of special flood hazard;
(7)
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;
(8)
Maintain the functions and values associated with special flood hazard areas which reduce the risk of flooding;
(9)
Preserve natural and beneficial floodplain functions;
(10)
Participate in and maintain eligibility for flood insurance and disaster relief;
(11)
Comply with FEMA Implementation Plan for National Flood Insurance Program – Endangered Species Act Integration in Oregon.
(C)
Methods of Reducing Flood Losses. In order to accomplish its purposes, this chapter includes methods and provisions for:
(1)
Restricting or prohibiting development which is dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2)
Requiring that development vulnerable to floods, including facilities that serve such uses, be protected against flood damage at the time of initial construction;
(3)
Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
(4)
Controlling filling, grading, dredging, and other development which may increase flood damage;
(5)
Preventing or regulating construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas;
(6)
Employing a standard of "no net loss" of natural and beneficial floodplain functions.
(Ord. 2025-05 § 1 (Exh. A), 2025)
§ 18.90.020 Authority.
(A)
The Basis for Establishing the Areas of Special Flood Hazard. The special flood hazard areas are identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for Washington County, Oregon and Incorporated Areas," Volumes 1 through 3, dated November 4, 2016 (Flood Insurance Study Number 41067CV001A, 41067CV002A and 41067CV003A), with accompanying flood insurance rate maps (FIRM) (Map Number 41067C0312E, 41067C0314E, 41067C0316E, 41067C0318E and 41067C0319E, dated November 4, 2016), are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study and the FIRM are on file at the city of Cornelius community development department located at 1300 S. Kodiak Circle, Cornelius, OR 97113. The best available information for flood hazard area identification as outlined in this section shall be the basis for regulation.
(B)
The floodplain administrator is the community development director or their designee.
(Ord. 2025-05 § 1 (Exh. A), 2025)
§ 18.90.030 General provisions.
(A)
Warning and Disclaimer of Liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas is guaranteed to be free from flooding or flood damages. This chapter shall not create liability on the part of the city of Cornelius, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
(B)
Abrogation and Severability. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. If any section, clause, sentence, or phrase of this chapter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this chapter.
(C)
Violation and Penalties. Violations of the provisions of this chapter, inclusive, by failure to comply with any of its requirements or prohibitions shall constitute a misdemeanor. Any person, firm or corporation who violates any of these provisions contained in this chapter, inclusive, shall, upon conviction, be fined not more than $10,000 for each violation and in addition shall pay all costs and expenses incurred by the city in the prosecution of said violation. Nothing herein contained shall prevent the city from taking such other lawful action as necessary to prevent or remedy any violation.
(D)
Permit Review. The floodplain administrator, or their designee, shall implement the provisions of this floodplain (FP) overlay zone by granting or denying development permit applications as follows:
(1)
Determine that the requirements of this section have been satisfied;
(2)
Determine that all other necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required;
(3)
Determine if the proposed development is located in the floodway.
(b)
Determine if the proposed development is located in an area where base flood elevation data is available either through the flood insurance study or from another authoritative source. If base flood elevation data is not available then ensure compliance with the provisions of subsection (E) of this section; and
(c)
Provide to building official the base flood elevation applicable to any building requiring a development permit;
(4)
Determine if the proposed development qualifies as a substantial improvement as defined by CMC § 18.90.080, Definitions;
(5)
Determine if the proposed development activity is a watercourse alteration. If a watercourse alteration is proposed, ensure compliance with the provisions in subsection (G) of this section;
(E)
Information to Be Obtained and Maintained. The following information shall be obtained and maintained and shall be made available for public inspection, as needed:
(1)
Obtain, record, and maintain the actual elevation (in relation to mean sea level) of the lowest floor (including basements) and all attendant utilities of all new or substantially improved structures where base flood elevation data is provided through the flood insurance study, flood insurance rate map, or obtained in accordance with subsection (F) of this section.
(2)
Obtain and record the elevation (in relation to mean sea level) of the natural grade of the building site for a structure prior to the start of construction and the placement of any fill and ensure that the requirements of CMC § 18.90.050, Fill/removal review criteria, are adhered to and all other required local, state and federal permits have been obtained and approved.
(3)
Upon placement of the lowest floor or a structure (including basement) but prior to further vertical construction, obtain documentation, prepared and sealed by a professional licensed surveyor or engineer, certifying the elevation (in relation to mean sea level) of the lowest floor (including basement).
(4)
Where base flood elevation data are used, obtain record drawing certification of the elevation (in relation to mean sea level) of the lowest floor (including basement) prepared and sealed by a professional licensed surveyor or engineer, prior to final inspection.
(5)
Maintain all elevation certificates submitted to the city of Cornelius.
(6)
Obtain, record, and maintain the elevation (in relation to mean sea level) to which the structure and all attendant utilities were floodproofed for all new or substantially improved floodproofed structures where under this chapter and where base flood elevation data is provided through the FIS, FIRM, or obtained in accordance with subsection (F) of this section.
(7)
Maintain all floodproofing certificates required under this chapter.
(8)
Record and maintain all variance actions, including justification for their issuance.
(9)
Obtain and maintain all hydrologic and hydraulic analyses performed as required under CMC § 18.90.070, No net loss standards.
(F)
City Boundary Alterations. The floodplain administrator shall notify the Federal Insurance Administrator in writing whenever the boundaries of the city have been modified by annexation or the city has otherwise assumed authority or no longer has authority to adopt and enforce floodplain regulations for a particular area, to ensure that all flood hazard boundary maps and flood insurance rate maps accurately represent the city's boundaries. The notification will include a copy of a map of the city suitable for reproduction, clearly delineating the new corporate limits or new area for which the city has assumed or relinquished floodplain management regulatory authority.
(G)
Watercourse Alterations. The floodplain administrator shall notify adjacent communities and the Department of Land Conservation and Development prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
(H)
Requirement to Submit New Technical Data. The city's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the city must notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with 44 CFR 65.4. The city shall require the applicant to submit such data and review fees required for compliance with the section through the applicable FEMA letter of map change process. The floodplain administrator shall require a conditional letter of map revision prior to the issuance of a floodplain development permit for proposed floodway encroachments that increase the base flood elevation and proposed development which increases the base flood elevation by more than one foot in areas where FEMA has provided base flood elevations but no floodway. An applicant shall notify FEMA within six months of project completion when an applicant has obtained a conditional letter of map revision from FEMA. This notification to FEMA shall be provided in a letter of map revision.
(I)
Substantial Improvement and Substantial Damage Assessment and Determinations. The floodplain administrator shall:
(2)
Conduct substantial damage assessments when structures are damaged due to a natural hazard event or other causes.
(3)
Make substantial damage determinations whenever structures within the area of special flood hazard (as established in CMC § 18.90.020(A)) are damaged to the extent that the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
(J)
Floodplain Permit Required. A floodplain permit shall be obtained before construction or development begins within any area horizontally within the area of special flood hazard established in CMC § 18.90.020(A) and shall include the information identified in CMC § 18.90.040, Floodplain permit application. The application shall be required for all structures including manufactured dwellings and all other development, as defined in CMC § 18.90.080, Definitions.
(K)
No Net Loss. Adherent to NMFS 2016 Biological Opinion, mitigation is necessary to ensure no net loss in floodplain functions. FEMA's 2024 Draft Oregon Implementation Plan identifies proxies that provide measurable actions that can prevent the no net loss of the parent floodplain functions. These proxies include undeveloped spaces, pervious surfaces and trees to account for a no net loss in respective floodplain functions of floodplain storage, water quality, and vegetation. Mitigation of these proxies must be completed to ensure compliance with no net loss standards. No net loss applies to the net change in floodplain functions as compared to existing conditions at the time of the proposed development and mitigation must address the floodplain function that is directly impacted. The no net loss standards apply to all special flood hazard areas as defined in CMC § 18.90.020(A).
(Ord. 2025-05 § 1 (Exh. A), 2025)
§ 18.90.040 Floodplain permit application.
A floodplain permit shall be obtained before construction or development begins within any special flood hazard area. The permit shall be for all structures including manufactured dwellings, and for all development including fill and other development activities, as set forth in CMC § 18.90.080, Definitions.
(A)
Application for a development permit shall be made on forms furnished by the community development director and shall include, but not necessarily be limited to: plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures; fill; storage of materials; drainage facilities; and the location of the foregoing. The application shall also include required information listed in Chapter 18.100 CMC (Site Design Review), Chapter 18.95 CMC (Natural Resource Overlay), and the site development standards of the underlying zone and the applicable sections of this chapter, in addition to the following:
(1)
Elevation in relation to a specific datum of the lowest floor, including basement, of all structures as documented on an elevation certificate;
(2)
Elevation in relation to a specific datum to which any proposed structure will be floodproofed as documented on an elevation certificate;
(3)
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing standards;
(4)
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development;
(5)
Base flood elevation data for subdivision proposals or other development when required by this chapter;
(6)
Substantial improvement calculations for any improvement, addition, reconstruction, renovation, or rehabilitation of an existing structure; and
(7)
The amount and location of any fill or excavation activities proposed.
(B)
Where interpretation is needed requiring the boundaries of the areas of special flood hazard, the community development director will make the necessary interpretation. The person contesting the ruling of the community development director shall be given a reasonable opportunity to appeal the ruling as provided in CMC § 18.15.090, Appeal procedures.
(C)
Variances shall be issued by the community development director on a case-by-case basis, subject to the following regulations:
(1)
Variances shall not be issued by the community development director within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result;
(2)
Variances may be issued by the community development director for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level;
(3)
Variances shall only be issued by the community development director upon (a) a showing of good and sufficient cause, (b) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (c) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;
(4)
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;
(5)
The community development director shall notify the applicant in writing that (a) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage and (b) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in subsection (C)(6) of this section; and
(6)
The community development director shall (a) maintain a record of all variance actions, including justification for their issuance, and (b) report such variances issued in its annual or biennial report submitted to the administrator.
(7)
Variances may be issued by the community development director for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use; provided, that (a) the criteria of CMC § 18.90.050 through § 18.90.070 are met, and (b) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
(Ord. 2025-05 § 1 (Exh. A), 2025)
§ 18.90.050 Fill/removal review criteria.
In addition to the applicable site development standards of the base zone, Chapter 18.100 CMC (Site Design Review), and Chapter 18.95 CMC (Natural Resource Overlay) the following review and approval criteria shall apply to proposed fill (including grading or construction) located partially or wholly in the special flood hazard area:
(A)
Fill is not proposed to be located within a regulatory floodway, wetland, riparian area, or other sensitive area regulated by the city of Cornelius or Clean Water Services.
(B)
The fill is necessary for an approved use on the property.
(C)
The fill is the minimum amount necessary to achieve the approved use.
(D)
No feasible alternative upland locations exist on the property.
(E)
The fill does not impede or alter drainage or the flow of floodwaters.
(F)
All necessary permits have been received from those governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
Conditions of approval may require that if the fill is found to not meet the criterion in subsection (E) of this section, the fill shall be removed or, where reasonable and practical, appropriate mitigation measures shall be required of the property owner. Such measures shall be verified by a certified engineer or hydrologist that the mitigation measures will not result in a net rise in floodwaters and be in coordination with applicable state, federal and local agencies, including the Oregon Department of Fish and Wildlife, Clean Water Services, the Division of State Lands, the Army Corps of Engineers, the National Marine Fisheries Service, and the U.S. Fish and Wildlife Service. Adequate notice of alteration of the floodplain will be given to the above-referenced agencies.
(Ord. 2025-05 § 1 (Exh. A), 2025)
§ 18.90.060 National Flood Insurance Program general standards.
In all special flood hazard areas the no net loss standards in CMC § 18.90.070 and the following standards are required:
(A)
Anchoring.
(1)
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(2)
All manufactured dwellings must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Post construction and prior to final inspection approval, the applicant shall submit a certificate signed by a registered architect or engineer which certifies that the anchoring system is in conformance with FEMA regulations.
(B)
Construction Materials and Methods.
(C)
Utilities and Equipment.
(1)
Utilities.
(a)
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwater into the system.
(b)
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
(c)
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding consistent with the Oregon Department of Environmental Quality.
(2)
Electrical, Heating, Ventilation, Plumbing, and Air Conditioning Equipment and Other Service Facilities.
(a)
All new components and replacements as part of a substantial improvement shall be elevated to prevent water from entering or accumulating within the components during conditions of flooding. In flood zones A, AE, and AH, such facilities shall be elevated three feet above base flood elevation. In flood zone AO, such facilities shall be elevated above the highest grade adjacent to the building, a minimum of one foot above the depth number specified on the FIRM (at least two feet above the highest adjacent grade if no depth number is specified).
(b)
Shall not be mounted on or penetrate through breakaway walls.
(D)
Subdivision and partition proposals, manufactured dwelling parks, and manufactured dwelling subdivisions must comply with the following:
(1)
All proposals shall be consistent with the need to minimize flood damage.
(2)
All proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
(3)
All proposals shall have adequate drainage provided to reduce exposure to flood damage.
(4)
All proposals shall comply with all applicable Clean Water Services (CWS) standards with regard to development within flood area.
(5)
All proposals shall comply with the no net loss floodplain functions of storage, water quality, and vegetation.
(6)
Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for development proposals.
(a)
Development proposals shall be reviewed to assure that proposed construction will be reasonably safe from flooding.
(b)
The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available.
(c)
Failure to elevate at least two feet above grade in these zones may result in higher insurance rates.
(E)
Flood Openings. All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements) are subject to the following requirements. Enclosed areas below the base flood elevation, including crawl spaces, shall:
(1)
Be designed to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters;
(2)
Be used solely for parking, storage, or building access;
(3)
Be certified by a registered professional engineer or must meet or exceed the following requirements:
(a)
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
(b)
The bottom of all openings shall be no higher than one foot above grade;
(c)
Openings may be equipped with screens, louvers, or other coverings or devices provided they permit the automatic entry and exit of floodwaters;
(d)
All additional higher standards for flood openings in the State of Oregon Residential Specialty Codes Section R322.2.2 shall be complied with when applicable.
(F)
Recreational Vehicles. Recreational vehicles placed on sites within the special flood hazard area are required to:
(G)
Accessory Structures. Relief from elevation or floodproofing as required for structures in A, AE, AH or AO zones may be granted for accessory structures that are:
(1)
Limited in Size.
(a)
Residentially zoned property less than or equal to two acres in size: structure is limited to a maximum of 200 square feet and maximum height of 12 feet;
(b)
Residentially zoned properties greater than two acres: structure is limited to a maximum of 400 square feet if the proposed structure is at least 20 feet from all property lines; or
(c)
Nonresidentially zoned property: structure size is limited to 120 square feet;
(2)
Not temperature controlled. The portions of the structure located below the base flood elevation are built using flood resistant materials;
(3)
Not used for human habitation and are used solely for parking of vehicles or storage of items having low damage potential when submerged;
(4)
Not used to store toxic material, oil or gasoline, or any priority persistent pollutant identified by the Oregon Department of Environmental Quality unless confined in a tank installed as follows:
(5)
Constructed in accordance with anchoring and construction materials and methods standards in CMC § 18.90.030(A) through (D)(7);
(6)
If in an A, AE or AH zone, constructed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters as required in CMC § 18.90.050(E). Designs for meeting this requirement must either be certified by a registered professional engineer or must meet or exceed the following requirements:
(a)
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
(b)
The bottom of all openings shall be no higher than one foot above grade;
(c)
Openings may be equipped with screens, louvers, or other coverings or devices provided they permit the automatic entry and exit of floodwaters.
(H)
Areas of Special Hazard With Base Flood Elevations. In addition to the general standards above, the following specific standards shall apply in the following mapped FEMA zones: A1 – A30, AH and AE.
(1)
Before Regulatory Floodway. In areas where a regulatory floodway has not been designated, no new construction, substantial improvements or other development (including fill) shall occur within A1 – A30 and AE zones designated on the community's flood insurance rate map, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community and will not result in the net loss of floor storage volume. When determined that structural elevation is not possible and where the placement of fill cannot meet the above standard, impacts to undeveloped space must adhere to the no net loss standards in CMC § 18.90.070.
(2)
Residential Construction.
(a)
New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, at a minimum of two feet above base flood elevation.
(b)
Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or must meet or exceed the following minimum criteria:
(i)
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
(ii)
The bottom of all openings shall be no higher than one foot above grade;
(iii)
Openings may be equipped with screens, louvers, or other coverings or devices provided they permit the automatic entry and exit of floodwaters.
(3)
Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have either the lowest floor including basement elevated to two feet above the level of the base flood elevation or higher; or, together with attendant utility and sanitary facilities, shall:
(a)
Be floodproofed so that the portion of the structure that lies below the portion that is two feet or more above the base flood level is watertight with walls substantially impermeable to the passage of water;
(b)
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy;
(c)
Be certified by a registered professional engineer or architect that the design and methods of construction are in compliance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the community development director;
(e)
Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level).
(4)
Manufactured Dwellings. Manufactured dwellings to be placed or substantially improved within an A, AE, AH or AO zone shall be elevated so that:
(a)
Manufactured dwellings supported on solid foundation walls shall be constructed with flood openings that comply with subsection (H)(2)(a) of this section;
(b)
The lowest floor of the manufactured home is elevated to a minimum of two feet above the base flood elevation; and
(c)
The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 24 inches in height above grade and are securely anchored to an adequately designed foundation system to resist flotation, collapse and lateral movement in accordance with requirements of the Oregon Residential Specialty Code. Electrical crossover connections shall be a minimum of 12 inches above base flood elevation.
(5)
Temporary storage of goods and materials, not including hazardous materials, is allowed in the floodway for a period of less than 90 days within the dry season (June – October).
(I)
Grading. Grading within the floodplain shall only occur between May 1st and September 1st of each year. Extension of the grading season in a particular year may only be granted by the community development director following a written request from a contractor, developer, or other project representative, and shall only be granted based on the following criteria:
(1)
Precipitation is not anticipated within the requested extension period, based on predictions from the National Oceanic and Atmospheric Administration (NOAA) or another reputable weather service.
(2)
The extension request is approved by Clean Water Services.
(3)
The extension request will not violate any other applicable federal, state and local requirements, including but not limited to the Endangered Species Act.
(J)
Alteration of Watercourses. The floodplain administrator shall require that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained and that maintenance is provided within the altered or relocated portion of said watercourse to ensure flood carrying capacity is not diminished. Additionally, compliance with CMC § 18.90.070, No net loss standards, is required.
(K)
Critical Facilities. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (100-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible.
(L)
Floodways. Located within special flood hazard areas established in CMC § 18.90.020(A) are areas designated as regulatory floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
(1)
Prohibit encroachments in the regulatory floodway including fill, new construction, substantial improvements, and other development unless:
(a)
Certification is provided by a professional registered civil engineer demonstrating through hydrologic and hydraulic analysis, performed in accordance with standard engineering practice, that such encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge; or
(b)
A city may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations; provided, that conditional approval has been obtained from the Federal Insurance Administrator through the conditional letter of map revision (CLOMR) application process, requirements established under 44 CFR 65.12 are fulfilled, and the encroachments comply with the no net loss standards in CMC § 18.90.070.
(2)
If subsection (L)(1) of this section is satisfied, all new construction and substantial improvement shall comply with all applicable flood hazard reduction provisions of this section.
(3)
Projects for stream habitat restoration may be permitted in the floodway provided the project complies with CMC § 18.90.070(F).
(M)
Shallow Flooding. Shallow flooding areas appear on FIRMs as AO zones with depth designations. The base flood depths in these zones range from one to three feet where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas the following provisions apply:
(1)
Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
(2)
Residential. New construction and substantial improvements of residential structures (including manufactured dwellings) within AO zones shall have the lowest floor (including basement) elevated above the highest grade adjacent to the building, a minimum of one foot above the depth number specified on the FIRM (at least two feet above the highest adjacent grade if no depth number is specified).
(3)
Nonresidential. New construction and substantial improvements of nonresidential structures, including manufactured dwellings used for nonresidential purposes, within AO zones shall either:
(a)
Have the lowest floor (including basement) elevated above the highest grade adjacent to the building, a minimum of one foot above the depth number specified on the FIRM (at least two feet above the highest adjacent grade if no depth number is specified); or
(b)
Together with attendant utility and sanitary facilities, be completely floodproofed to one foot above the depth number specified on the FIRM so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect.
(Ord. 2025-05 § 1 (Exh. A), 2025)
§ 18.90.070 No net loss standards.
(A)
General Provisions.
(1)
No net loss of the proxies for the floodplain functions is required for development in the special flood hazard area that would reduce undeveloped space, increase impervious surface, or result in a loss of trees that are six-inch diameter at breast height (dbh) or greater. No net loss can be achieved by first avoiding negative effects to floodplain functions to the degree possible, then minimizing remaining effects, then replacing and/or otherwise compensating for, offsetting, or rectifying the residual adverse effects to the three floodplain functions.
(2)
Compliance with no net loss for undeveloped space or impervious surface is preferred to occur prior to the loss of habitat function but, at a minimum, shall occur concurrent with the loss.
(3)
No net loss must be provided within, in order of preference:
(a)
The lot or parcel that floodplain functions were removed from;
(b)
The same reach of the waterbody where the development is proposed; or
(c)
The special flood hazard area within the same hydrologically connected area as the proposed development. Table 18.90.070(H) presents the no net loss ratios, which increase based on the preferences listed above.
(B)
Undeveloped Space. Development proposals shall not reduce the fish-accessible and egress-able habitat and flood storage volume created by undeveloped space within the special flood hazard area. A development proposal with an activity that would impact undeveloped space shall achieve no net loss of fish-accessible and egress-able space and flood storage volume. Lost undeveloped space must be replaced with fish-accessible and egress-able compensatory volume based on the ratio in Table 18.90.070(H) and must be hydrologically connected to the waterbody that is the flooding source.
(C)
Impervious Surfaces. Impervious surface mitigation shall be mitigated through any of the following:
(1)
Development proposals shall not result in a net increase in impervious surface area within the special flood hazard area through the use of ratios prescribed in the table within subsection (H) of this section;
(2)
Use low impact development or green infrastructure to infiltrate and treat stormwater produced by the new impervious surface, as documented by a qualified professional; or
(3)
If prior methods are not feasible and documented by a qualified professional, stormwater retention is required to ensure no increase in peak volume or flow and to maximize infiltration, and treatment is required to minimize pollutant loading. See subsection (E) of this section for stormwater retention specifications.
(D)
Trees. Development proposals shall result in no net loss of trees six inches dbh or greater within the special flood hazard area.
(1)
Trees of or exceeding six inches dbh that are removed from the riparian buffer zone (RBZ), floodway, or RBZ-fringe must be replaced at the ratios in Table 18.90.070(H) and planted within the special flood hazard area.
(2)
Replacement trees must be native species that would occur naturally in the Level III ecoregion of the impact area.
(E)
Stormwater Management. Any development proposal that cannot mitigate as specified in subsections (C)(1) and (C)(2) of this section must include the following:
(1)
Water quality (pollution reduction) treatment for post-construction stormwater runoff from any net increase in impervious area; and
(2)
Water quantity treatment (retention or detention facilities) unless the outfall discharges into the ocean.
(3)
Retention and detention facilities must:
(a)
Limit discharge to match the predevelopment peak discharge rate (i.e., the discharge rate of the site based on its natural groundcover and grade before any development occurred) for the 10-year peak flow using a continuous simulation for flows between 50 percent of the two-year event and the 10-year flow event (annual series).
(b)
Treat stormwater to remove sediment and pollutants from impervious surfaces such that at least 80 percent of the suspended solids are removed from the stormwater prior to discharging to the receiving water body.
(c)
Be designed to not entrap fish.
(d)
Be certified by a qualified professional.
(4)
Detention facilities must be designed by a qualified professional and drain to the source of flooding.
(5)
Stormwater treatment practices for multiparcel facilities, including subdivisions, shall have an enforceable operation and maintenance agreement to ensure the system functions as designed. This agreement will include:
(a)
Access to stormwater treatment facilities at the site by the city of Cornelius for the purpose of inspection and repair.
(b)
A legally binding document specifying the parties responsible for the proper maintenance of the stormwater treatment facilities. The agreement will be recorded and bind all subsequent purchasers and sellers even if they were not party to the original agreement.
(c)
For stormwater controls that include vegetation and/or soil permeability, the operation and maintenance manual must include maintenance of these elements to maintain the functionality of the feature.
(d)
The responsible party for the operation and maintenance of the stormwater facility shall have the operation and maintenance manual on site and available at all times. Records of the maintenance and repairs shall be retained and made available for inspection by the city of Cornelius for five years.
(F)
Exempt Activities. The following activities are not subject to the no net loss standards; however, they may not be exempt from floodplain development permit requirements:
(1)
Normal maintenance of structures, such as reroofing and replacing siding, provided there is no change in the footprint or expansion of the roof of the structure;
(2)
Normal street, sidewalk, and road maintenance, including filling potholes, repaving, and installing signs and traffic signals, that does not alter contours, use or alters culverts and is less than six inches above grade. Exempt activities do not include expansion of paved areas;
(3)
Routine maintenance of landscaping that does not involve grading, excavation or filling;
(4)
Routine agricultural practices such as tilling, plowing, harvesting, soil amendments, and ditch cleaning that does not alter the ditch configuration provided the spoils are removed from the special flood hazard area or tilled into fields as a soil amendment;
(5)
Routine silviculture practices (harvesting of trees), including hazardous fuels reduction and hazard tree removal as long as root balls are left in place;
(6)
Removal of noxious weeds and hazard trees, and replacement of nonnative vegetation with native vegetation;
(7)
Normal maintenance of above ground utilities and facilities, such as replacing downed power lines and utility poles, provided there is no net change in footprint;
(8)
Normal maintenance of a levee or other flood control facility prescribed in the operations and maintenance plan for the levee or flood control facility. Normal maintenance does not include repair from flood damage, expansion of the prism, expansion of the face or toe or addition of protection on the face or toe with rock armor;
(9)
Habitat restoration activities;
(10)
Preemptive removal of documented susceptible trees to manage the spread of invasive species;
(11)
Projects that are covered under consultations under Section 4(d), 7, or 10 of the Endangered Species Act (ESA).
(G)
Riparian Buffer Zone (RBZ).
(1)
The riparian buffer zone is measured from the ordinary high-water line of a fresh water body (lake; pond; ephemeral, intermittent or perennial stream) or mean higher-high water of a marine shoreline or tidally influenced river reach to 170 feet horizontally on both sides of the stream or inland of the MHHW. The riparian buffer zone includes the area between those outer boundaries on each side of the stream, including the stream channel.
(2)
Functionally dependent uses are only subject to the no net loss standards of this section for development within the RBZ. Ancillary facilities that are associated with, but do not directly impact, the functionally dependent use in the RBZ (including manufacturing support facilities and restrooms) are subject to the beneficial gain standard in addition to the no net loss standard.
(3)
Any other use of the RBZ requires a greater offset to achieve no net loss of floodplain functions on top of the no net loss standards described above, through the beneficial gain standard.
(4)
Under FEMA's beneficial gain standard, an area within the same reach of the project and equivalent to five percent of the total project acres within the RBZ shall be planted with native herbaceous shrub and tree vegetation.
(H)
Table of No Net Loss Mitigation Standards.
Basic Mitigation Ratios | Undeveloped Space (ft3) | Impervious Surface (ft2) | Trees (6" DBH < 20" DBH) | Trees (20" DBH < 39" DBH) | Trees (> 39" DBH) |
|---|---|---|---|---|---|
RBZ and floodway | 2:1 | 1:1 | 3:1 | 5:1 | 6:1 |
RBZ-fringe | 1.5:1 | 1:1 | 2:1 | 4:1 | 5:1 |
Mitigation multipliers | |||||
Mitigation on site to mitigation off site, same reach | 100% | 100% | 100% | 100% | 100% |
Mitigation on site to mitigation off site, different reach, same watershed (5th Field HUC) | 200% | 200% | 200% | 200% | 200% |
NOTES: | |
|---|---|
1. Mitigation multipliers of 100 percent resulting in the required mitigation occurring at the same value described by the ratios above, while multipliers of 200 percent resulting in the required mitigation being doubled. | |
a. For example, if a development would create 1,000 square feet of new impervious surface, then 1,000 square feet new pervious surface would need to be created. However, if only 500 square feet can be created within the same reach, then the remaining 500 square feet created in a different reach would need to be 1,000 square feet because of the 200 percent multiplier. | |
(Ord. 2025-05 § 1 (Exh. A), 2025)
§ 18.90.080 Definitions.
Unless specifically defined below or within Chapter 18.195 CMC, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
means an alteration to an existing structure that results in any increase in its ground floor area.
means features of a development that are not directly related to the primary purpose of the development.
means a request for a review of the interpretation of any provision of this chapter or a request for a variance.
means a designated zone AO, AH, AR/AO or AR/AH on the flood insurance rate map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is predictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow.
means the land in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on the flood insurance rate map (FIRM) as zone A, AO, AH, A1 – A30, AE, A99, and AR. "Special flood hazard area" is synonymous in meaning and definition with the phrase "area of special flood hazard."
means flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100-year flood." Designation on maps always includes the letters A, AE, AH, AO, or AR.
means the elevation to which floodwater is anticipated to rise during the base flood.
means any area of a building having its floor subgrade (below ground level) on all sides.
means a wall that is not part of the structural support of the building and is intended, through its design and construction, to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
means letter from FEMA commenting on whether a proposed project, if built as proposed, would meet the minimum National Flood Insurance Program standards for proposed hydrology changes. If the project, built as proposed, revises the flood insurance rate map and/or flood insurance study, a letter of map revision (LOMR) is required to be submitted no later than six months after project completion.
means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste.
means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or the storage of equipment or materials located within a special flood hazard area.
means, for insurance purposes, a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
means the process of improving upon the natural functions and/or values of an area or feature which has been degraded by human activity.
means placement of any materials such as soil, gravel, crushed stone, or other materials that change the elevation of the floodplain. The placement of fill is considered "development."
means the volumetric space available to fish to access.
means the volumetric space available to fish to exit or leave from.
means:
A general and temporary condition of partial or complete inundation of normally dry land areas from:
The overflow of inland waters; and/or
The unusual and rapid accumulation or runoff of surface waters from any source;
Mudslides (i.e., mudflows) which are proximately caused by flooding as defined by subsection (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
The collapse or subsidence of land along a body of water as a result of erosion or undermining caused by currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or some similarly unusual and unforeseeable event which results in flooding defined in subsection (1)(a) of this definition.
means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
means the official map on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
(see also "flood elevation study") means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, and the water surface elevation of the base flood.
means any land area susceptible to being inundated by water from the sources specified in the "flood(ing)" definition.
means the provisions of this chapter in addition to the development and zoning code, building codes, health regulations, and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
means the volume of floodwater that an area of floodplain can hold during the one percent annual chance flood.
means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. The regulatory floodway is delineated by the Federal Emergency Management Agency on the flood insurance study and flood insurance rate map.
means the existing measurements of the structure related to the three floodplain functions and their proxies. The footprint related to floodplain storage refers to the volumetric amount of developed space measured from the existing ground level to the BFE, and the footprint related to water quality refers to the area of impervious surface that the structure creates.
means a use which cannot perform its intended purposes unless it is located or carried out in proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
means the use of natural or human-made hydrological features to manage water and provide environmental and community benefits. Green infrastructure uses management approaches and technologies that use, enhance, and/or mimic the natural hydrologic cycle processes of infiltration, evapotranspiration, and reuse. At a large scale, it is an interconnected network of greenspace that conserves natural systems and provides assorted benefits to human populations. At a local scale, it manages stormwater by infiltrating it into the ground where it is generated using vegetation or porous surfaces, or by capturing it for later reuse. Green infrastructure practices can be used to achieve no net loss of pervious surface by creating infiltration of stormwater in an amount equal to or greater than the infiltration lost by the placement of new impervious surface.
means activities with the sole purpose of restoring habitat that have only temporary impacts and long-term benefits to habitat. Such projects cannot include ancillary structures such as a storage shed for maintenance equipment, must demonstrate that no rise in the BFE would occur as a result of the project and obtain a CLOMR and LOMR, and have obtained any other required permits (e.g., CWA Section 404 permit).
means standing dead, dying or diseased trees or ones with a structural defect that makes it likely to fail in whole or in part and that present a potential hazard to a structure or as defined by the city.
means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
means any structure that is:
Listed individually on the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary of the Interior to qualify as a registered historic district;
Individually listed on the Oregon state inventory of historic places; or
Individually listed on the city's inventory of historic places.
means a location (e.g., a site where no net loss standards are implemented that is approximately equivalent to one another (e.g., the impact site) relative to the same 100-year water surface elevation contour or base flood elevation. This may be estimated based on a point that is along the same approximate line perpendicular to the direction of flow.
means loads induced on buildings or structures by the flow of floodwater moving at moderate or high velocity around the buildings or structures or parts thereof, above ground level when openings or conduits exist which allow the free flow of floodwaters. Hydrodynamic loads are basically of the lateral type and relate to direct impact loads by the moving mass of water, and to drag forces as the water flows around the obstruction.
means the interconnection of ground water and surface water such that they constitute one water supply and use of either results in an impact to both.
means loads caused by water either above or below the ground surface, free or confined, which is either stagnant or moves at very low velocities, of up to five feet per second. These loads are equal to the product of the water pressure times the surface area on which the water acts. The pressure at any point is equal to the product of the unit weight of water (62.5 pounds per cubic foot) multiplied by the height of water above that point or by the height to which confined water would rise if free to do so.
means a surface that cannot be penetrated by water and thereby prevents infiltration and increases the amount and rate of surface water runoff, leading to erosion of stream banks, degradation of habitat, and increased sediment loads in streams. Such surfaces can accumulate large amounts of pollutants that are then "flushed" into local water bodies during storms and can also interfere with recharge of groundwater and the base flows to water bodies.
means an official FEMA determination, by letter, to amend or revise effective flood insurance rate maps and/or flood insurance studies. LOMCs are issued in the following categories:
"Letter of map amendment (LOMA)"
means an amendment to the flood insurance rate maps based on technical data showing that an existing structure, parcel of land, or portion of a parcel of land that has not been elevated by fill (natural grade) was inadvertently included in the special flood hazard area because of an area of naturally high ground above the base flood.
"Letter of map revision (LOMR)"(a) (b)
means:
A LOMR revises the current flood insurance rate map and/or flood insurance study to show changes to the floodplains, floodways or flood elevations. LOMRs are generally based on manmade alterations that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in modification to the existing regulatory floodway, the effective base flood elevation, or the special flood hazard area. A conditional letter of map revision (CLOMR) may be approved by FEMA prior to issuing a permit to start a project if the project has a potential to affect the special flood hazard area.
in the context of this chapter, means an approach to land development (or redevelopment) that works with nature to manage stormwater as close to its source as possible. It employs principles such as preserving and recreating natural landscape features and minimizing effective imperviousness to create functional and appealing site drainage that treats stormwater as a resource rather than a waste product. Low impact development refers to designing and implementing practices that can be employed at the site level to control stormwater and help replicate the predevelopment hydrology of the site. Low impact development helps achieve no net loss of pervious surface by infiltrating stormwater in an amount equal to or greater than the infiltration lost by the placement of new impervious surface. LID is a subset of green infrastructure.
means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.
in the context of this chapter, means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured dwelling" does not include a "recreational vehicle."
in the context of this chapter, means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
means electrical, heating, ventilation, plumbing, and air conditioning equipment, storage tanks and other service facilities.
means the reduction of adverse effects of a proposed project by considering, in the following order:
Avoiding the impact altogether by not taking a certain action or parts of an action;
Minimizing impacts by limiting the degree or magnitude of the action and its implementation;
Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action by monitoring and taking appropriate measures;
Mitigating for the impact by replacing or providing comparable substitute floodplain areas.
in the context of this chapter, means structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter.
means a standard where adverse impacts must be avoided or offset through adherence to certain requirements so that there is no net change in function from the existing condition when a development application is submitted to the state, tribal, or local jurisdiction. The floodplain functions of floodplain storage, water quality, and vegetation must be maintained.
means mitigation occurring outside the project site.
means mitigation occurring within the project site.
means the line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank; shelving; changes in the character of soil; destruction of terrestrial vegetation; the presence of litter and debris; or other appropriate means that consider the characteristics of the surrounding areas.
means a natural or manufactured support system to which a structure is anchored or attached. A "permanent foundation" is capable of resisting flood forces and may include posts, piles, poured concrete or reinforced block walls, properly compacted fill, or other systems of comparable flood resistivity and strength.
means a surface that allows rain and snowmelt to seep into the soil and gravel below. Pervious surface may also be referred to as permeable surface.
means an appropriate subject matter expert that is defined by the community.
means a section of stream or river along which similar hydrologic conditions exist, such as discharge, depth, area and slope. It can also be the length of a stream or river (with varying conditions) between major tributaries or two stream gages, or a length of river for which the characteristics are well described by readings at a single stream gage.
means the repair of a structure damaged by any cause (not limited to flooding) without increasing the floor area of the structure.
in the context of this chapter, means a vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
means any improvements and repairs made to the interior and exterior of an existing structure that do not result in an increase in the ground floor area of the structure. Examples include remodeling a kitchen, gutting a structure and redoing the interior, or adding a second story.
means the process of returning a disturbed or altered area or feature to a previously existing natural condition. Restoration activities reestablish the ecological structure, function, and/or diversity to that which occurred prior to impacts caused by human activity.
means of, adjacent to, or living on the bank of a river, lake, pond or other water body.
The outer boundary of the riparian buffer zone is measured from the ordinary high-water line of a fresh waterbody (lake; pond; ephemeral, intermittent, or perennial stream). The riparian buffer zone includes the area between these outer boundaries on each side of the stream, including the stream channel. Where the RBZ is larger than the special flood hazard area, the no net loss standards shall only apply to the area within the special flood hazard area.
means the area outside the RBZ and floodway but still within the special flood hazard area.
means the art and science of controlling the establishment, growth, composition, health, and quality of forests and woodlands.
See "area of special flood hazard" for this definition.
includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
means, for the purposes of this section, a walled and roofed building, a modular or temporary building, or a gas or liquid storage tank that is principally above ground.
means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
means any reconstruction, rehabilitation, addition, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not include:
Improvements to a structure to correct existing violations identified of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
Any alteration of a historic structure; provided, that the alteration would not preclude the structure's continued designation as a historic structure.
means the volume of flood capacity and fish-accessible/egress-able habitat from the existing ground to the base flood elevation that is undeveloped. Any form of development including, but not limited to, the addition of fill, structures, concrete structures (vaults or tanks), pilings, levees and dikes, or any other development that reduces flood storage volume and fish accessible/egress-able habitat must achieve no net loss.
means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
means the failure of a structure or other development to be fully compliant with this chapter. A structure or development without the elevation certificate, other certifications, or other evidence of compliance with this chapter is presumed to be in violation until such time as that documentation is provided.
means a structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.
means heights, in relation to a specific datum, of floods of various magnitudes and frequencies in the floodplains.
(Ord. 2025-05 § 1 (Exh. A), 2025)
§ 18.95.010 Purpose.
(A)
The purpose of the natural resources overlay is to protect the significant natural resources identified in the city's natural resources inventory and map. The natural resources overlay shall protect resources and functional values that have been identified by the city and state as providing benefits to the public. The natural resources overlay complies with the direction of the comprehensive plan and State Planning Goal 5.
(B)
Natural resources overlay (NRO) is applicable to the resource sites and abutting properties identified in the natural resources inventory and map, the Goal 5 ESEE analysis and to future lands annexed into the city that are identified as or contain Goal 5 resources.
(C)
The natural resources overlay shall encourage coordination between city, county, regional, state and federal agencies concerned with natural resources.
(D)
Uses shall comply with requirements and regulations of all jurisdictional agencies including but not limited to Oregon Department of Fish and Wildlife, Oregon Department of Forestry, Division of State Lands and Clean Water Services.
(E)
All significant natural resources shall be delineated and applicable protection setbacks and requirements shall be determined from Table A in the natural resource protection plan and implemented.
(F)
All parcels newly annexed into the city containing Goal 5 natural resources shall receive a NRO designation over the entire parcel. A property owner may subsequently commission a certified wetland/natural resource inventory delineating protected resource boundaries and establishing a new NRO boundary and respective protective setback consistent with Table A (Natural Resource Protection Setbacks) in the city of Cornelius natural resource protection plan, and in conformance with Clean Water Services regulations.
(Ord. 837 §§ 1, 2, 2003; Code 2000 § 11.20.101; Ord. 2016-011 § 1 (Exh. A), 2016)
§ 18.95.020 Permitted uses.
The following uses are permitted outright in the natural resources overlay:
(A)
Resource enhancement and restoration activities.
(C)
Removal of nonnative or invasive vegetative species.
(D)
Dedication of rights-of-way.
(E)
Temporary emergency procedures necessary for the protection of property.
(F)
Actions taken by the city to correct or abate a nuisance.
(G)
Approved storm water discharge.
(H)
Existing lawn within the riparian area may be maintained, but not expanded into the resource area.
(I)
Existing utility lines.
(Ord. 837 §§ 1, 2, 2003; Code 2000 § 11.20.102)
§ 18.95.030 Administrative review approval.
The following uses are permitted in the natural resources overlay, subject to a Type I design review approval, including compliance with other natural resource agencies:
(A)
Repair, maintenance and replacement of existing utility lines.
(B)
Fencing.
(C)
Removal of a hazardous tree.
(D)
Maintenance of streambank stabilization and flood control structures.
(E)
ESEE Analysis Findings and Conclusion. The ESEE analysis findings and conclusions identified in the natural resource protection plan provide site specific exceptions to protection measures based on conflicting uses and mitigating consequences of implementation. The sites are specific to the 2002 Natural Resources Inventory and Map.
(Ord. 837 §§ 1, 2, 2003; Code 2000 § 11.20.103)
§ 18.95.040 Conditional uses.
The following uses are permitted in the natural resources overlay, subject to approval of a conditional use permit, Chapter 18.105 CMC:
(A)
Streets, roads, recreational trails and paths in the riparian area.
(B)
Fill, grading and/or alteration of topography in the riparian area.
(C)
New drainage facilities, utilities and pump stations.
(D)
Water related recreational facilities.
(E)
New construction or expansion of streambank stabilization and flood control structures.
(Ord. 837 §§ 1, 2, 2003; Code 2000 § 11.20.104)
§ 18.95.050 Prohibited uses.
§ 18.95.060 Resource protection exception process.
When planned development can occur that provides for the protection of the resource and permitted use through increased densities, clustered development or the transfer of development rights, a plan shall be submitted and approved through the administrative review, Type II process. Any associated partition, subdivision or design review applications that are required with the planned development shall be processed as a Type III application and reviewed by the planning commission.
(A)
New residential, commercial and industrial development or substantial redevelopment requests involving deviation of natural resource protection requirements shall be reviewed through the conditional use permit/planned unit development process.
(B)
Transfer of development rights (TDR) may be applied for as a conditional use permit/planned unit development (PUD). Development rights shall only be transferred between residential zones within the city.
(C)
Proportional Increase in Density on an Individual Parcel. Increased density requests shall provide for a development equal or better than required by the base zone.
(1)
Residential PUD. If a parcel loses between 10 and 50 percent of its area to natural resource protection setbacks, then the developer may apply for a conditional use permit/planned unit development (PUD).
(a)
Meet the required setback and develop to the existing development standards and lot sizes of the underlying zone; or
(b)
Meet the required setback and decrease the minimum lot size by 10 to 50 percent. The reduction in lot size, at a maximum shall be equivalent to percentage of the site lost to the natural resource protection setback.
For example: R-7 zone – 5 acre site, loses 1 acre to natural resource protection setback = 20% loss. The applicant may propose a development with lots 20% smaller than the R-7 lot size or 6,534 x 0.80 = 5,227 square foot lot size; and
(c)
If a parcel loses more than 50 percent of its area to natural resource protection setbacks, then the developer shall only decrease the minimum lot size by a maximum of 50 percent.
For example: R-7 zone – 5 acre site, loses 3 acres to natural resource protection setback = 60% loss. The applicant shall only be permitted a development with lots 50% smaller than the R-7 lot size or 6,534 x 0.50 = 3,267 square foot lot size.
(2)
Commercial or Industrial PUD. Natural resource protection setbacks may be applied to meet private landscaping requirements. New development or substantial redevelopment of properties where natural resource protection setbacks are required may request approval of a conditional use permit (CUP) and/or a planned unit development (PUD) to permit a 1:1 ratio exchange for square footage of native landscaped protection setback area in lieu of required private on site landscaping.
For example: A proposed industrial development property has 350 feet of street frontage, which requires 5 feet of landscaped area along the frontage or 1,750 square feet of landscaping. The industrial lot also abuts a significant natural resource for 35 lineal feet and is required to provide a 50-foot setback, which equals 1,750 square feet of natural resource protection. The applicant would be able to request the use of the natural resource protection setback area in lieu of the required private landscaping requirement through the conditional use permit process.
(Ord. 878 § 1 (Exh. A), 2006; Code 2000 § 20.106)